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Petitioner: GULSHAN E USMAN SOCIAL WELFARE ASSOCIATION VS Respondent: KARACHI DEVELOPMENT AUTHORITY And Other
Court Name: Sindh High Court Judge(s): Nasir Aslam Zahid, Ahmed Ali U. Qureshi Title:GULSHAN E USMAN SOCIAL WELFARE ASSOCIATION vs KARACHI DEVELOPMENT
AUTHORITY And Other Case No.:Constitutional Petition No.D-886 and Miscellaneous Nos. 2135 and 2136 of 1985, Date of Judgment:1985-12-29 Reported As: 1989 MLD 4619 Result: Petition dismissed Judgment ORDER NASIR ASLAM ZAHID, J.--Misc. No. 2135/85, as urgent application is granted. 2. This is an exemption Application. Misc. No. 2136/85 is granted. 3. It is an admitted position that the land, in which Darul Uloom has been set up by the petitioner organisation, has not been transferred or allotted to them by any authority. It is also clear from the contents of the Memo of Petition that the construction, that has been raised upon the plot, is also not authorised. However, it is submitted by the learned counsel that application has been made to K.D.A. For allotment of the plot in favour of the petitioners organization and regularisation of the unauthorised construction. Apparently the petitioners have no right under the law to seek any relief in these circumstances from this Court under the Constitutional jurisdiction. However, in the circumstances of the case, we direct K.D.A. To take a decision expeditiously on the application made by the petitioner organisation for allotment of the plot and for regularisation of the unauthorised construction on the plot. According to the petitioner, they are carrying on the task of teaching Holy Quran to various students and young persons in the area and we hope that a decision will be taken on their application in the shortest possible time. With this observation the petition is dismissed. 4. This has become infructuous. Copy of this order may be sent on Court motion to KD.A. And also a copy to the legal Adviser to KD.A. Mr. S.H. Kizalbash, Advocate. H.B.T./G-144/K