Mst. AYSHA BEGUM vs PROVINCE OF SINDH through Secretary Housing and Town Planning art

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Mst. AYSHA BEGUM VS PROVINCE OF SINDH through Secretary Housing and Town Planning art. 11---Civil Procedure Code (V of 1908), S. 35-a---Constitutional petition---Plot---Restoration of possession---Renumbering of plots---Special costs, imposition of---Public auction quota and Minister quota---Preference---Petitioner sought restoration of possession of residential plot allotted to her after death of her husband---Plea raised by petitioner was that due to illegal acts of Karachi Development authority officials, her plot was renumbered and thereafter allotted to respondents---Contention of authorities was that plot allotted to petitioner was renumbered and allotted to respondents on Minister quota---Validity---Plot numbers allotted to petitioner and respondents were of one and the same plot, belonging to petitioner---Plot in the name of respondents was illegally created by officials of Karachi Development authority (KDa) by misusing their official power and authority and for apparent "extraneous motives"---action of Karachi Development authority officials in rearranging, renumbering the whole lane was illegal---If plot of respondents allotted under Minister quota was encroached upon, there was no justification available with KDa officials to rearrange, re-fix and reallocate, fit in or to devise a method to cause prejudice to petitioner, who was owner of plot in question---Committee headed by high officials of KDa was of the view that such action of allocation and renumbering of plot was illegal and in fact plot allotted to respondents was fitted in plot allotted to petitioner---High Court declined to approve action of Karachi Development authority officials in rearranging / renumbering plot of petitioner as plot of respondents---High Court directed Karachi Development authority to allot and handover peaceful, vacant and physical possession of an alternate plot, having same value and utility to petitioner forthwith---High Court also imposed special costs upon Karachi Development authority as due to acts and abuse of authority by its officials petitioner suffered a lot---Constitutional petition was allowed in circumstances.

Mst. AYSHA BEGUM vs PROVINCE OF SINDH through Secretary Housing and Town Planning art — 2022 YLR 2219 KARACHI-HIGH-COURT-SINDH

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