Syed Aijaz Raza Rizvi (Petitioner) VS Province of Sindh & Others (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

CP No. D–8818 of 2018 (Syed Aijaz Raza Rizvi & Another v. Province of Sindh & Others) DATE: ORDER WITH SIGNATURE(s) OF JUDGE(s)

1.For Orders on CMA No. 38819 / 2018 (Exemption App)

2.For Hearing of Main Case

Mr. Anwar Ahmed, Advocate for Petitioners

1.Sana Akram Minhas J: This Petition, though filed on 14.12.2018, remains listed as a “Fresh Case” due to the Petitioners’ neglect in pursuing the matter, resulting in the non-issuance of notice.

2.The Petitioners seek the conversion of their alleged “Ijazatnama” / lease for poultry farming purposes from a 30-year term to a 99-year term. The contents of paragraph 3 of the Petition, along with the Petitioners’ application dated 3.1.2011 for renewal of their alleged “Ijazatnama” (Court File Pg. 21, Annex P-2), indicate that the purported “Ijazatnama” commencing in 1983- 1984, expired way back on 7.3.2014 i.e. four (4) years prior to the institution of this Petition. This clearly reflects that at the time of filing, the Petitioners had no existing right, title, or interest under the alleged “Ijazatnama”.

3.Even otherwise, the Supreme Court, through its order dated 28.11.2012 passed in Suo Motu Case No.16 of 2011, has explicitly restrained the Government of Sindh and the Revenue Department from carrying out any mutation, allotment, transfer, and/or conversion of state land. This directive has further been reinforced and clarified by a subsequent order dated 23.6.2014. In view of these binding directions, any attempt by the Petitioners to seek conversion of state land during the subsistence of the said restraint is not only impermissible but also constitutes a blatant disregard of the Supreme Court’s orders.

4.In these circumstances, the Petition – having been filed in the absence of any subsisting, enforceable right, title, or interest of the Petitioners in the subject land, coupled with inexcusable delay and being devoid of merit – is liable to be dismissed at the very threshold. Accordingly, it is hereby dismissed in limine.

JUDGE

JUDGE