Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2024 SHC 784. In this matter between Const. P. 111/2024 (D.B.) Sindh High Court, Karachi - Mst Farida Bano (Petitioner) and the Respondent, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.

Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.

Full Judgment Text & Judicial Ruling

COURT: Sindh High Court CASE NO: Const. P. 111/2024 (D.B.) Sindh High Court, Karachi CITATION: 2026 SHC KHI 783 PARTIES: Mst Farida Bano (Petitioner) ORDER DATE: 26-MAR-26 BENCH: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Muhammad Hasan (Akber) A.F.R: Yes ------------------------------------------------------------ ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI C.P. No. D-111 of 2024 [Mst. Farida Bano v. Province of Sindh and others]

Date Order with signature of Judge(s)

Before: Mr. Justice Adnan-ul-Karim Memon Mr. Justice Muhammad Hassan Akbar Date of hearing and Order: 26.03.2026

Mr. Zaheer Hussain, advocate for the petitioner. Syed Huzefa, advocate holding brief for Mr. Faisal Siddiqui, advocate for the respondents. Mr. Dhani Bux Lashari, Ms. Humaira Jatoi, and Ms. Rehana advocate for SBCA. Mr. Abdul Jalil Zubedi, AAG. **********

O R D E R

Adnan-ul-Karim Memon, J. – The petitioner filed the present constitutional petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, seeking declarations that the constru ction and conversion of shops at premises G-1 and G-2 in the project known as Kul soom Square, situated on a residential plot, were residential and in violation of the approved building plans and applicable law. The petitioner further sought demolition of t he alleged construction, sealing of the shops, and restraint against the creation of any third -party interest or further construction. 2. During the course of proceedings, the learned counsel for the parties agreed to the disposal of the petition in terms of the report submitted by SBCA. According to the report, the field staff observed that an unfinished and abandoned hall in vacant condition exists at premises G -1 and G -2, and no commercial activity was found at the site during the fresh inspection. 3. In view of the statement of both parties and the report of SBCA showing that no commercial activity is presently being carried out and the premises are lying vacant, no further action is required at this stage. 4. Consequently, the instant petition stands d isposed of in terms of the SBCA report. However, it is clarified that if SBCA finds any commercial activity in the residential premises in the future, it shall take action strictly in accordance with law.

JUDGE Shahzad Soomro JUDGE

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