Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2025 SHC 3219. In this matter between Const. P. 922/2025 (S.B.) Sindh High Court, Karachi - M/s. Al-Hashmi Brothers Thr Attorny Muhammad Hanif (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. 922/2025 (S.B.) Sindh High Court, Karachi CITATION: 2025 SHC KHI 3219 PARTIES: M/s. Al-Hashmi Brothers Thr Attorny Muhammad Hanif (Petitioner) ORDER DATE: 29-SEP-25 BENCH: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) A.F.R: Yes ------------------------------------------------------------ [1]

ORDER SHEET IN THE HIGH COURT OF SINDH AT KARACHI

Constitutional Petition No. S-922 of 2025

Date Order with signature of Judge(s)

1. For order on office objection Nos.1 to 6 and reply as at “A” 2. For hearing of CMA No.6212/2025 (Stay) 3. For hearing of main case

29.9.2025

Mr. Shariq Razzaq advocate for the petitioner Mr. Ali Safdar Depar, Assistant AG Ms. Amna Ansari, Additional PG --------------------------------

Petitioner ha s filed this Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 . It is, inter alia, contended by learned counsel for the petitioner that the petitioner is the owner of Plot No.LC/2-A/1, measuring 3.35 acres, situated at Sindh Industrial Trading Estate, Karachi and is in legal and lawful possession of the said property. Learned counsel further contends that o n 08.9.2025, at approximately 6:00 p.m. unknown individuals claiming to be officers of respondents No.2 to 11 accompanied by other police personnel and individuals believed to b e associated with the land mafia, forcibly entered upon the subject property without any lawful authority or notice. The respondents No.2 to 11, misusing their official position and resources, attempted to dispossess the petitioner from the subject propert y evidently to facilitate an illegal handover of possession to respondents No.12 and 13 with no legal right or claim. It is reiterated that such an illegal activity was conducted without serving any notice to the petitioner or on the subject property and without intimation the respondents alongwith their officers started harassing the nominees of the petitioner present at the subject property. The staff deputed at the subject property successfully resisted such an attempt, however, the trespassers equipped with weapons extended threats of dire consequences and stated that they will take over the subject property. Counsel further states that the petitioner approached the relevant police station to seek protection and register a complaint against them , however, respondent No.5 / SHO SITE -B Police Station refused to receive the application of the petitioner, nor did register a complaint. Therefore, the petitioner couriered the application dated 09.9.2025 to respondent No.5, hence the petitioner has filed the instant petition, seeking protection as provided under the law. For the aforesaid reason, this Court vide order dated 15.9.2025 issued notices to the respondents as well as learned Advocate General Sindh and learned Prosecutor General Sindh, meanwhile, offic ial respondents were directed to act strictly in accordance with law and no harassment shall be caused to either party.

[2]

However, it was made clear that if any cognizable offence is committed by either party, police shall be free to take action in accordanc e with law. Learned counsel further states that since the issue is with regard to the possession of the property and dispossession, therefore, strict directions may be issued to the official respondents not to dispossess the petitioner. Prima facie , this is beyond the scope of this Court under Article 199 of the Constitution. However, this Court can only say that the petitioner shall not be harassed by the police officials or by the officials of the SITE, they shall act strictly in accordance with law and n o harassment shall be caused to either party. This petition stands disposed of in the above terms alongwith listed / pending application(s).

JUDGE

Zahid/*

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