Nusratullah Khan (Petitioner) VS Govt of Sindh & Others (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Constitution Petition No. D – 1181 of 2024

Date Order with signature of Judge

FRESH CASE

1.For orders on Misc. No. 6883/2024.

2.For hearing of Main Case.

Mr. Muhammad Yousuf Shaikh, advocate for petitioner.

1-2. While confronted as to maintainability of instant petition, learned counsel for the petitioner could not satisfy the Court as to how under Article 199 of the Constitution, the relief being sought through instant petition. The petitioner purported to have form a welfare association and seeking its renewal from respondent No.2 in the vague of seriously disputed facts and the allegation of illegal occupation and possession of a public land, instant petition is maintainable, however, the learned counsel for the petitioner could not submit any reasonable explanation, however, submits that respondents are not processing the renewal of petitioner’s welfare association, whereas, private respondents have been allowed to collect the charges in violation of law, as they have wrongfully assumed the charge over welfare association of the market. These disputed facts cannot be examined in constitutional jurisdiction. Accordingly, instant petition is dismissed in limine alongwith listed application. However, petitioner will be at liberty to approach the relevant authorities for the redressal of their grievance, and subject to fulfillment of all codel formalities for seeking Registration/Renewal, respondents shall pass appropriate order on such application in accordance with law.

CHIEF JUSTICE

JUDGE

A.S.