Shamsi Coop Housing Society Ltd (Petitioner) VS Province of Sindh & Others (Respondent)

RDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P No.D-2329 of 2024

Date Order With Signature Of Judge

1.For hearing of CMA No.10617/2024.

2.For hearing of main case.

Mr. Muhammad Rehman Ghous, advocate for the petitioner. Mr. Mehran Khan, AAG.

The petitioner has filed this petition with the following prayers:-

1.“To declare that the order dated 17.04.2024, passed by the respondent No.1 in purported exercise of powers under Section 55(1) of the Cooperative Societies Act, 2020 is without jurisdiction, illegal, malafide, arbitrary and devoid of reason and in violation of natural justice and constitutional rights of the petitioner.

2.Declare that the respondent No.2 letter dated 03.05.2024 is illegal and void being of no legal effect and perpetuates a fishing and roving inquiry being based on the order dated 17.04.2024 under Section 55(1) of the Cooperative Societies Act, 2020.

3.Grant permanent injunction against respondent No.1 and 2 thereby restraining and ceasing respondent No.1 and 2 from holding this illegal inquiry into the petitioner society without any cogent reason and/or without any complaint.”

It is the case of the petitioner that the petitioner is a cooperative society under Cooperative Societies Act, 1925 and in the year 1968 had purchased Qabooli lands from private parties by way of registered sale deeds in different survey numbers in Deh Digh, Tapo Malir, Karachi. The Registrar has initiated Sou-Mote proceedings under section 55(1) of the Sindh Cooperative Societies Act 2020 without any facts and reason hence the order of the Registrar is in violation of settled rules of discretion provided in law and also in violation of section 24-A of the General Clauses Act.

After arguing the matter at some length, both the parties have agreed for disposal of the instant petition in terms that the inquiry proceedings initiated against the petitioner-society be culminated to its logical conclusion within two months and the fate of the inquiry proceedings shall be placed on record through Registrar of this Court. However, the petitioner-society shall not be harassed during inquiry proceedings.

The petition stands disposed of in the above terms along with pending application.

JUDGE

Shahzad Soomro JUDGE