Sindh High Court

Sardar Muhammad Ashraf Khan (Petitioner) VS Province of Sindh & Others (Respondent)

Case
Const. P. 685/2025
Type
Writ Jurisdictions
Bench
Mr. Justice Adnan-ul-Karim Memon, Mr. Justice Abdul Mobeen Lakho
Length
1 page

Summary from the court's website

Since the competent authority of the SBCA has already made a decision and compliance has been made, the petitioner???s application under Section 12(2) and 151 CPC is not maintainable at this stage which is dismissed as apparently there is no element of fraud as allegedly said, and a civil suit No. 460/2025 is also reportedly pending before the competent court. Both applications are disposed of in the above terms.

Full judgment

Official copy

ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P. No.D-685 of 2025

Date Order with signature of Judge

1.For order on CMA No.9337/2025 2.For order on CMA No.9338/2025

Mr. Abdul Qadir Khan, Advocate for the petitioner. Mr. Mehran Khan, AAG.

This petition was disposed of vide order dated 24.02.2025 on the following terms:-

“Learned counsel for the petitioner submits that Petitioner has written a letter/complaint to the Director (East), SBCA on 18.12.2024 seeking removal of illegal and unauthorized construction of third, fourth and a pent house on plot No.AT-172/0, Block-2, PECHS, Tariq Road, Karachi, which is at page-81 of the court's File. However, petitioner has not received any reply to his complaint Director (East), SBCA is directed to decide the aforesaid complaint of the petitioner within three months of the date of this order through after providing an opportunity of personal hearing to the petitioner and any other affected party through a speaking order A copy of this order shall be sent to Director (East), SBCA Karachi for compliance.

The instant petition stands disposed of in the above terms alongwith all listed applications.”

Since the competent authority of the SBCA has already made a decision and compliance has been made, the petitioner’s application under Section 12(2) and 151 CPC is not maintainable at this stage which is dismissed as apparently there is no element of fraud as allegedly said, and a civil suit No. 460/2025 is also reportedly pending before the competent court.

Both applications are disposed of in the above terms.

JUDGE

JUDGE

Aadil Arab

Text extracted from the court's PDF and reflowed for reading. The court's official copy is authoritative.

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