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Muhammad Asif and others vs Province of Sindh & and others — 2023 SHC 502

Official Citation: 2023 SHC 502

Court / Jurisdiction: Sindh High Court

Year of Decision: 2023

Decision Date: 2023-08-15

Parties: Muhammad Asif and others vs Province of Sindh & and others

Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court on 2023-08-15, officially reported as 2023 SHC 502. In this matter between Muhammad Asif and others and Province of Sindh & and 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.

Headnotes

Case cited as 2023SHC502

Full Judgment Text & Judicial Ruling

Court Name: Sindh High Court Judge(s): Muhammad Shafi Siddiqui, Arshad Hussain Khan Title: Muhammad Asif and others vs Province of Sindh & and others Case No.: CP No. D- 1157 of 2023 Date of Judgment:2023-08-15 Reported As: 2023 SHC 502 Result: Petition Dismissed

Judgment Order This petition is based on some understanding reached between the petitioners and Hyderabad Municipal Corporation. The petitioners are occupier of some premises perhaps under the license; however, in a suit filed by them as Civil Suit No. 345 of 1981 it was resolved that after the shifting of existing workshops, the existing place shall then be used for any commercial purpose. The existing occupants as disclosed in the suit according to the petitioners in attendance were not given the respective premises. We are afraid that such intricate questions could not be resolved in these proceedings under Article 199 of the Constitution; If at all any offer was made which was lawful it can be enforced through a civil court which could exercise jurisdiction under the law. However, the present petition in view of the above is not maintainable. The petition is dismissed along with pending applications.

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