Case Details

Citation(s)
2006 SLG 1928 2006 SLD 1928 2006 CLC 65
Sindh High Court
Constitutional Petition No.D-988 of 2004, decision dated: 30-08-2005.
ANWAR ZAHEER, JAMALI AND SYED ZAWWAR HUSSAIN, JAFFERY, JJ

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ABDUL RUB SIDDIQUI

VS

GOVERNMENT OF SINDH, through Secretary, Government of Sindh and 4 others

Law:

Section:

Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Jurisdiction---Scope---Auction of plot---Petitioner had claimed that he was highest bidder in auction of plot in question and as per terms of auction he had deposited twenty five per cent. of bid money and also deposited second instalment, but despite that his highest bid in respect of plot in question was not approved by the competent Authority---Stand of authorities was that bid offered by petitioner was never approved by the competent Authority and that documents relating to intimation to petitioner about acceptance of his bid seemed to be managed through fraudulent means in connivance with the staff of the Development Authority---From the assertions made in petition and its reply submitted on behalf of authorities, which was also accompanied with certain documents, it was evident that adjudication of claim of petitioner in respect of plot in question would require thorough investigation into serious factual controversies involved in the matter---Constitutional jurisdiction of High Court was not the proper forum for said purpose---Petitioner was permitted to withdraw constitutional petition and to approach Civil Court to seek necessary reliefs against authorities in respect of plot in question. 1968 SCMR 729; 2000 SCMR 718; 2001 SCMR 1493 and 2001 SCMR 1569 ref. Abdul Hameed Shaikh for Petitioner. Ahmed Pirzada, A.A.-G. Sindh for Respondent No. 1. Manzoor Ahmed for Respondents Nos.2 to 5. ORDER By this constitutional petition under Article 199 of the constitution of Pakistan, 1973, petitioner has approached this Court with the following prayers:-- "(1) To declare that the petitioner is legal and lawful allottee in respect of Plot No.SB-3, Sector 4-B measuring 401.85 sq. yds. situated at K.D.A. Scheme No.41 Surjani Town, Karachi. (2) To declare that the acts on the part of respondents whereby denying the allocation of said plot in favour of the petitioner and not accepting the balance amount in respect of said plot is illegal and mala fide. (3) To direct the respondents to transfer the said plot and issue the allotment order, possession order and site plan etc. in favour of the…
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