ABDUL QUDOOS BEHARI Versus GOVERNMENT OF SIND

1. SALEEM AKHTAR, J. --The petitioners have filed this petition seeking the following reliefs:--

(a) That, the writ and declaration prohibiting the respondents Nos. 1 to 3 from illegal auction-sale, demarcation of plots Nos. 1 to 21 in Sector 14-A, Orangi Township, Karachi, may kindly be issued.

(b) That, the respondents Nos. 1 to 3 may kindly be directed to take over the land, plots and evacuee building situated at Khandu Goth, Lawrence Quarters Garden West and Orangi Townships from the illegal possession of respondents Nos.. 4 to 7, to use the said huge land and properties to rehabilitate the homeless citizens of Pakistan who are extremely poor and are entitled for residential shelter as laid down in the Holy Quran and Constitution of Islamic Republic of Pakistan.

(c) That, the Hon'ble High Court may kindly direct the respondents Nos. 1 to 3 to realise back income of the grabbed properties from respondents Nos. 4 to 7.

(d) Any other relief or reliefs which the Hon'ble Court may deem just and proper may kindly be granted.

2. The petitioner No.l has been a political worker and had taken active part in the freedom movement and creation of Pakistan. He has stated that the refugees from East Pakistan had been rehabilitated in Orangi but the respondents Nos. 1 to 6 are closing the doors of their houses and shops situated at Orangi Sector No: 14 on eastern side of the new road. In this regard reference has been made of an advertisement published in Urdu daily Jang Karachi dated 4th October, 1981. In this advertisement respondent No. 3 had published notice for auction of plots Nos. 1 to `21 situated in Sector No. 14-A. It has been complained that the respondents Nos. 4 to 6 had earlier got converted about 50 to 60 plots on west side of the same road into residential plots and respondent Nos. 1 to 3 had allotted the same to Haji Rafique Bangali and others but after agitation and litigation by the residents of that area, it has been re-converted into commercial area. The grievance of the petitioners is that the auction of plots by respondent No. 3 is not according to law. The petitioners have also referred, without giving any particulars or specifying any act, to the illegalities committed by respondents Nos. l to 3 and 5 to 7 in different localities of Karachi.

3. Respondent No. 3 has stated that the plots sought to be auctioned were created as provided by its master plan. It has further been stated that the petitioners are complaining about conversion of plots and closure of doors of the residents of Block No. 14 whereas the plots are being auctioned in Block No. 14-A and not 14. In this regard reference has been made to the part of the plan of commercial plots in Sectors No. 14-A, 14-B, 15-A, 15-B, Orangi Township Karachi filed by the petitioners. From this plan, it is clear that plots Nos. 1 to 22 are in existence and have not been created in contravention of the plan of Orangi Township. The petitioners' grievance is therefore misconceived and has no legal basis.

4. So far other grievances in the petition regarding illegalities committed by the respondents in allotment and disposal of evacuee and other land are concerned full facts or acts of omission and commission have not been stated and therefore on the basis of general and roving allegations the constitutional jurisdiction under Art. 199 cannot be exercised. If the grievance of the petitioners relates to affairs of the Federal Government, they may be well advised to approach proper agencies including Wafaqi Muhtasib for redress of their grievance. The petition is dismissed with no order as to costs.

5. M.Y.H./A-610/K

6. Petition dismissed.