Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2026 SHC 761. In this matter between Const. P. 1320/2026 (D.B.) Sindh High Court, Karachi - Asghar Ali (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. 1320/2026 (D.B.) Sindh High Court, Karachi CITATION: 2026 SHC KHI 761 PARTIES: Asghar Ali (Petitioner) ORDER DATE: 01-APR-26 BENCH: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi A.F.R: Yes ------------------------------------------------------------ ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No. D-1320 of 2026 [Asghar Ali V. Province of Sindh and others]

Date Order with signature of Judge(s)

Before: Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi

1. For order on office objection. 2. For order on Misc. No.5247/2026. 3. For hearing on Misc. No.5248/2026. 4. For hearing of main case.

Date of hearing and Order: 01.04.2026

Mr. Muhammad Rafique Bhayo, Advocate for the Petitioner. Ms. Humaira Jatoi, Advocate for SBCA. Ms. Rehana, Advocate for SBCA. Mr. Ali Safdar Depar, A.A.G. **********

O R D E R

Adnan-ul-Karim Memon, J. – Petitioner Asghar Ali has filed these Constitution Petitions under Article 199 of the Constitution of the Islamic Republic of Pakistan 1973, seeking the following relief:-

a) To direct the colleague, respondent No. 3 , his representative, attorney, assigns, working on their behalf, as well as stop the hurdles staff from creating working on the Plot No.852 Pahilwan Goth, Karachi, M/s Johar filing Station without due course of law.

b) To suspend the operation of the show cause vide letter No.SBCA/DD/District Malir/2026/97 dated 24.02.2026 issued by respondent no.3, till the disposal of the instant petition.

c) Any other relief this Hon'ble court may deem fit and , under proper circumstances of the case, be awarded.

2. The petitioner has challenged the show cause notice dated 24.02.2026 issued by SBCA. 3. Learned counsel for SBCA raised objections regarding maintainability of the petition under Sections 6(1), 16 & 20 -A of the Sindh Building Control Ordinance, 1979, and Regulation 3-2.2.11 of KB&TPR, 2002. 4. Learned A.A.G stated that the case concerns the construction of a petrol pump on Plot No.852, Pehlwan Goth, Gulistan -e-Jauhar, Karachi, without plan

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approval. He submitted that if the petitioner replies to the notice, a decision will be made by the competent authority within two weeks. 5. The petitioner agreed to respond to the notice and seeks the disposal of this petition in terms of the proposal so put forward by the learned AAG. 6. Without touching the merits of the case, accordingly, the petition is disposed of along with all pending applications, directing the competent authority of the Respondents to decide the matter within two weeks, however, after hearing the petitioner.

JUDGE

JUDGE

Ayaz Gul

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