Law:

Section:

(a) Sindh Katchi Abadis Act (B of 1987)-------Preamble---Objects of legislation ---Sindh Katchi Abadis Act, 1987 was enacted to make provisions for the development and improvement of the areas of Katchi Abadis regularisation of such Katchi Abadis and to establish authority for such purpose. (b) Sindh Katchi Abadis Act (II of 1987)- ----(. 4---Creation of authority---purpose---Authority was created under provision of S.4, Sindh Katchi Abadis Act, 1987 with a view to develop, improve or regularise all the Katchi Abadis in accordance with the provisions of said Act. (c) Sindh Katchi Abadis Act (H of 1987)-- ----Ss. 19, 20 & 21---Constitution of Pakistan (1973), Art.199--­Constitutional petition---Cancellation of plot allotted to petitioner under the provisions of Sindh Katchi Abadis Act, 1987---Entitlement of petitioner for allotment of such property in her name---Cancellation of allotment without notice---Validity---If petitioner was neither in unauthorized occupation of any area, nor found as such before the cut off date as a result of survey conducted by the staff of the Authority, allotment as well as execution of lease infavour of the petitioner was neither in accordance with provisions of Sindh Katchi Abadis Act, 1987, nor under any other law for the time being in force--­Officials of Katchi Abadis Authority had acted in connivance with the petitioner and made collusive and fraudulent recommendations to justify transfer of the plot in favor of the petitioner without any factual or legal basis and justification---Cancellation of allotment/lease might be vitiated for want of notice but the same could not be termed as altogether unlawful, without jurisdiction or of no legal effect. BPgum Shams-un-Nisa v. Said Akbar Abbasi PLO 1982 SC 413; Multiline Associates v. Ardeshir Cowasjee 1995 SCMR 362; Engineering-in­Chief Branch v. Jamaluddin 1989 SCMR 441 and Mumtaz Ali Mangi v. National Bank of Pakistan 1995 PLC (C.S.) 119 ref. (d) Constitution of Pakistan (1973)--- ----Art. 199---Order in nature of writ of certiorari or mandamus---Object--­Such an order is discretionary order and is to foster justice and right a wrong. Raunaq Ali v. Chief Settlement…

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