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Official Citation: 2025 CLC 363
Court / Jurisdiction: Sindh High Court
Year of Decision: 2024
Decision Date: 2024-06-20
Parties: Zeeshan Younus vs Province of Sindh & others
Ruling Summary: This decision was rendered by the Sindh High Court on 2024-06-20, officially reported as 2025 CLC 363. In this matter between Zeeshan Younus and Province of Sindh & others, 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.
Case cited as 2025 CLC 363
Court Name: Sindh High Court Judge(s): Muhammad Shafi Siddiqui, Rashida Asad Title: Zeeshan Younus vs Province of Sindh & others Case No.: C. P. No. D-3814 of 2020 Date of Judgment:2024-06-20 Reported As: 2024 SHC 672, 2025 CLC 363 Result: Petition Disposed of
Judgment
ORDER Muhammad Shafi Siddiqui, J.- This petition impugns a notification of 27.11.2018 whereby, purportedly, a notification or a permission to extract limestone from an area of "200 acres" near Goth Ghogharo District Thatta and Jamshoro was cancelled / declined. 2. The brief facts of the case are that on or about 02.07.2009 a permission / license to extract limestone was granted to the petitioner for a period of two years, over an area of 200 acres from the land described above, which was extended by another notification in March 2011. Petitioner has not demonstrated if any of the earlier notification and / or its extension for any period for extraction of limestone was a transparent process followed by public notices. The notification of March 2011 renewed the permission for another five years, apparently that ended somewhere in March 2016 yet the petitioner continued to occupy the land described above. 3. In 2018, a notification was issued whereby alleged permission to extract limestone was declined as the authority refused to renew the mining permit of the limestone over the said area and the petitioner continued to occupy the same since 2009 uptill date. 4. We have heard the learned counsel for the petitioner and perused the record. There is no record produced if it was a transparent process of awarding the permit to extract limestone. It is the primary consideration of the petitioner that a notice ought to have been followed after a conclusion of notification of March 2011 which extended the permission / license of five years. The notification described the period to be ending in January 2016. On the pretext of an application / obligation for the extension of license / permit, the petitioner continued to occupy the land. We are not inclined to agree that since they have been depositing the challan / fee, on their own, this
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would give them a right to occupy the land. The amount of fee was being deposited without the permission of the authority concerned. No sooner the renewed license expired somewhere in March 2016, the status of the petitioner could only be seen as that of a trespasser under the Easement Act as permission alone does not bestow any right under the law. This license / permit could have been cancelled even during its subsistence. The petitioner has presented the case for which this Court cannot exercise discretion in their favour as they continued to occupy and enjoy the land as being a trespasser for the extraction of the limestone. Their original occupation over the land is also not shown to be transparent which calls for a detailed enquiry of officers concerned responsible for such affairs, which we order accordingly. This being the situation, the petition merits no consideration. The concerned ministry shall take immediate steps to retrieve the land from the trespasser / petitioner and to submit a report in one week's time. The enquiry may be followed. The petition stands disposed of in the above terms alongwith listed applications.