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Petitioner: Dr. Hafiz BABAR KHAN through Attorney VS Respondent: PAKISTAN through Secretary, Works and Rehabilitation Division, Islamabad and 9 others
Court Name: Sindh High Court Judge(s): Munib Ahmed Khan, Farrukh Zia G. Shaikh Title:Dr. Hafiz BABAR KHAN through Attorney vs PAKISTAN through Secretary,
Works and Rehabilitation Division, Islamabad and 9 others Case No.: C.P. No,432 of 2006 Date of Judgment:2008-02-20 Reported As: 2008 CLC 631 Result: Petition Dismissed Judgment ORDER 'From the contents of the petition as well as the arguments of the learned counsel, it appears that the grievance of the petitioner is that the order of the Governor dated 14-3-2005 is to be set aside and Plot of the petitioner bearing No,ST-3/5 measuring 1500 sq. Yards, Firdous Colony, Karachi, be get cleared from all the encroachers and be handed over to him. It is admitted position that the plot in question is located in Firdous Cooperative Housing Society Ltd. Which has given the said plot to the petitioner. ' Mr. Manzoor Ahmed, learned counsel for the City District Government Karachi, states that the City District Government Karachi is not the owner of the said plot nor it has ever allotted the same. SO also Mr. Fareed A. Dayo, learned Additional Advocate-General states that Sindh Government has no concern with the plot in question. ' In such a situation we observe that the order impugned in this petition dated 14-3-2005 passed by the Governor is proper as the City District Government Karachi (K.M.C) could not order to provide the alternate plot as it was not the owner. The petitioner, however, can approach the society, which has allotted the plot to him who may take further action for removal of the encroachment in accordance with the law. The petition has no merit and is accordingly dismissed along with listed application.