Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2025 SHC 1013. In this matter between Const. P. 852/2025 (D.B.) Sindh High Court, Karachi - Bashir Ahmed Sabir and 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. 852/2025 (D.B.) Sindh High Court, Karachi CITATION: 2026 SHC KHI 1013 PARTIES: Bashir Ahmed Sabir and Others (Petitioner) ORDER DATE: 30-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-852 of 2025 [Bashir Ahmed and others 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 Date of hearing and Order: 30.04.2026

Mr. Imtiaz Ali Shah, advocate for the petitioners. Mr. Abdul Jalil Zubedi, Addl. A.G Sindh Ghazanfar Ali Abbasi, Deputy Secretary, BOR and Mushtaque Ali, Focal Person BOR Sindh and SIP Fida Hussain, PS Maripur.

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O R D E R

Adnan-ul-Karim Memon, J. – The petitioners have invoked the constitutional jurisdiction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, seeking declarations regarding their alleged ownership/lease rights over 50 acres of land situated i n Deh Moach, Keamari Town, Karachi, along with renewal and conversion of their lease from 30 years to 99 years for industrial and commercial purposes, and a consequential injunction restraining interference or dispossession. 2. It is their case that Petiti oners No.1 to 3 are lawful leaseholders of the subject land, originally granted on a 30 -year lease with a renewal clause, and that under various statutes, policies, notifications, and circulars issued by the Government of Sindh and the Board of Revenue, th ey are entitled to extension and conversion of lease into a 99-year term upon payment of requisite charges. He contends that their applications for conversion were processed and recommended, yet no final decision has been communicated, and that similarly p laced persons have been granted such benefits, thus raising issues of discrimination and violation of Article 25 of the Constitution. 3. When the matter came up before this Court on 14.04.2026, learned counsel for the petitioners, upon being confronted wit h the legal position arising from the judgment in Suo Motu Case No.16 of 2011, did not press the prayer regarding conversion of lease from 30 years to 99 years. It was, however, stated that the subject leases had since expired in 2025 and that applications for renewal/extension were/are pending before the competent authority. Reliance was placed on Notification dated 07.02.2024, particularly Clause 13, under which similar extensions were allegedly granted to other lessees. The learned AAG upon instruction submits that such notice has been withdrawn. It is observed that this aspect shall also be examined by the competent authority after hearing the petitioners and all concerned.

4. Learned Additional Advocate General, assisted by officers present in Court, su bmitted that if the petitioners approach the competent authority, their representation shall be considered strictly in accordance with law and decision shall be made within one month. The request seems to be reasonable which the counsel for the petitioners consented for such disposal of the petition. 5. In view of the above statement, without touching the merits of the case and with the consent of the parties this petition is disposed of with the direction that the petitioners may file/press their applicati ons before the competent authority, which shall decide the same expeditiously, in accordance with law and entitlement of the petitioners and after providing an opportunity of hearing to all concern. A copy of this order be sent to the Senior Member, Board of Revenue and Secretary, Land Utilization Department, Government of Sindh for compliance.

JUDGE

Shahzad Soomro JUDGE

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