Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2025 SHC 2464. In this matter between Const. P. 4074/2025 (D.B.) Sindh High Court, Karachi - Syed Junaid Ahmed Hashmi & others (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. 4074/2025 (D.B.) Sindh High Court, Karachi CITATION: 2025 SHC KHI 2464 PARTIES: Syed Junaid Ahmed Hashmi & others (Petitioner) ORDER DATE: 24-SEP-25 BENCH: Hon'ble Mr. Justice Muhammad Faisal Kamal Alam(Author), Hon'ble Mr. Justice Jawad Akbar Sarwana A.F.R: Yes ------------------------------------------------------------ IN THE HIGH COURT OF SINDH AT KARACHI

C. P. No. D – 4074 of 2025 [Syed Junaid Ahmed Hashmi and 2 others versus Government of Sindh and 4 others]

Present: Mr. Muhammad Faisal Kamal Alam, J. Mr. Jawad Akbar Sarwana, J.

Date of hearing : 24.09.2025.

Date of Decision : 24.09.2025.

Petitioners : Syed Junaid Ahmed Hashmi and 2 others, through Mr. Imtiaz Ali, Advocate.

Respondents : Government of Sindh and 4 others through Mr. Abdul Jalil A. Zubedi, Assistant Advocate General Sindh along with Muhammad Asim Abbasi, ADC- Central.

O R D E R

These three Petitioners have preferred this Petition to protect their interest [as alleged] in the official accommodation allotted to them vide Allotment Letters dated 18.08.2007 [Syed Junaid Ahmed Hashmi, at page- 21], dated 23.01.2014 [Syed Shujaat Hussain, at page-31] and dated 26.05.1997 [Muhammad Aslam, at page -43], respectively. Petitioners are residing in Flats Nos.3, 2 and 2/7 in Deputy Commissioner Central Housing Complex, but are aggrieved of the recent impugned Cancellation Notices issued by the Official Respondents, who require the above premises for the Staff of Deputy Commissioner Central so also Revenue Officials.

Mr. Imtiaz Ali, Advocate appearing for the Petitioners, contended that all three Petitioners are posted at Karachi and working as Special Secretary School Education & Literacy Department [Petitioner No.1 ], Additional Secretary Human Settlement Spe cial Development & Social Housing Department [ Petitioner No.2 ] and Deputy Chief Inspector of Stamps [BOR] Sindh [ Petitioner No.3]. Has placed on record the Terms of Reference vis-à-vis Allotment of Official Accommodation including Bungalow and Flats to the Staff / Employees of Deputy Commissioner

2

C. P. No. D – 4074 of 2025

Central Karachi ; referred to the same document to show that Petitioner No.3 is a part of Revenue hierarchy and hence, the impugned Notices be set aside. Cited the case law reported in 2019 P L C (C.S.) 594 [Muhammad Tariq Qasmi and others versus Federation of Pakistan through Secretary and 2 others].

Mr. Abdul Jalil A. Zubedi, Assistant Advocate General Sindh, has opposed this Petition ; pointed out those employees whose names are mentioned in the Parawise Comments, belonging to the Office of Deputy Commissioner Central Karachi and Board of Revenue, who are without any official accommodation. Further states that the Accommodation Allocation Rules, 2002, are also followed by the Sindh Government , and the reme dy can be availed in terms thereof.

In view of the above, the stance of the Petitioners is not convincing as they can seek their departmental remedy. Even otherwise, they have been paid house rent allowance. Relevant Case Law is 2023 P L C (C.S.) 367 [Government of Pakistan Ministry of Housing and Works through Joint Estate Officer, Federal Government Colony Hassan Ghari, Peshawar versus Malik Safeer Ahmed].

The Judgment cited by the Petitioner’s counsel does not lend any support to his stance. Consequently, this Petition stands disposed of along with all pending application(s), if any, with the above observation that Petitioners can seek their departmental remedy. However, four weeks’ time is granted to vacate the subject premises [ibid] in question and hand over its possession to the concerned Department-Respondent No.3, failing which other coercive method(s) can be adopted. No order as to costs.

Judge

Judge

Karachi. Dated: 24.09.2025.

Riaz / P.S.

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