Case Details

Citation(s)
2007 SLG 3064 2007 SLD 3064 2007 PLJ 386
Sindh High Court
Constl. P. Nos. D-1662 and D-1480 of 1999, decided on 27.2.2007.
MUSHIR ALAM AND MUHAMMAD AFZAL SOOMRO, JJ.
Mr. H.A. Rehmani, Advocate for Petitioner (in Constitutional Petition No. D-1662 of 1999). Mr. Saif-ud-Din, Advocate for
Respondent No. 1 (in Constitutional Petition No. D-1662 of 1999). Syed Mehmood Alam Rizvi, Standing Counsel for
Respondent No. 2 (in C

TANVEER AFZAL KHAN

VS

FEDERATION OF PAKISTAN through Secretary, Ministry of Works, Government of Pakistan, Islamabad court and 6 others--Respondents

Law:

Section:

Constitution of Pakistan (1973)-- ----Art. 199--Cooperative Societies Act, (VII of 1925), S. 54-A--Constitutional petition--Cancellation of allotment--Allotment of plot in-question in favour of petitioners having been cancelled by authorities--Assailed--Condition precedent or basic eligibility for allotment of plot in-question was to be an employee of Federal Government and member of Pakistan Employees Co-operative Housing Society--One of the petitioners was neither a Federal Government employee nor he was member of the Society--Other petitioners who was also neither Government employee nor member of the Society, claimed to have purchased plot in-question from the allottee of the plot--Allotment of plot in favour of original allottee/vendor having been cancelled under the recommendation of Martial Law Enquiry, no rights in respect of the plot were conveyed to the petitioners--Both petitioners being not entitled to allotment of respective plots, their allotments were rightly cancelled by authorities--Parties, in circumstances could avail remedy in civil Court as could be permissible under the law--Society was directed, not to create any third party interest over the plot in-dispute for three months--None of the party was interested to enforce its right over the subject plot and no restraining orders were received by the Society from the Court--Society would be at liberty to dispose of the plot in dispute strictly in accordance with the list of eligible members on merit and seniority. PLD 1969 Kar. 474 rel. Order Mushir Alam, J.--M.I.T. report dated 10-10-2003 has come up for consideration. Along with the report, decision of the sub-committee as approved by the Managing Committee of the PECH Society dated 1-10-2003, has also been filed. Objections have been filed by the petitioner Aqeela Begum. Decision of the Managing Committee of the Society and the objections of the petitioners in both the petitions were heard at length. The petitioner Mst. Aqila Begum in C.P. No. D-1662 of 1999 and Tanveer Afzal through one Rashid Masood in C.P. No. D-1480 of 1999, both the petitioners claimed their rights and titles over Plot No. 68/l-F, measuring 200 square yards in Block…
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