KANPUR OLD BOYS ASSOCIATION vs KARACHI METROPOLITAN CORPORATION Ss — 2024 SCMR 1361 SUPREME-COURT

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KANPUR OLD BOYS ASSOCIATION VS KARACHI METROPOLITAN CORPORATION Ss. 2(2), 9 & 10(3)---Civil Procedure Code (V of 1908), S. 9---Provincial Ombudsperson, jurisdiction of---Mal-administration---Matter relating to allocation of an amenity plot to a charitable institution---After issuance of show cause notice by Karachi Development Authority (KDA) the allocation of the plot was cancelled by KDA---Appellant (charitable institution) submitted a complaint to the Provincial Ombudsman under the Establishment of the Office of Ombudsman for the Province of Sindh Act, 1991 ('the Act')---Ombudsman decided that KDA in not issuing the allotment letter/order to the appellant and not putting the appellant into possession of the plot constituted maladministration, and directed KDA to do the needful---Decision of the Ombudsman was assailed before the Governor who dismissed the representation filed by KDA---High Court set aside the decision of the Ombudsman and that of the Governor---Legality---Ombudsman did not have jurisdiction and the appellant's complaint was not maintainable, as what was complained of did not constitute maladministration---Appellant had asserted purported transgression or non- fulfilment of its contractual rights which the appellant could only do by the filing of a suit---However, the Ombudsman assumed the powers, which vest in civil court, under section 9 of the Code of Civil Procedure, 1908---Ombudsman did what the law neither envisaged nor permitted---This aspect was not considered by the Ombudsman, and the Governor dismissed KDA's representation on technicalities---Moreover, the complaint was submitted to the Ombudsman seventeen years after KDA had issued its (offer) letter to the appellant for the allocation of amenity plot, whereas section 10(3) of the Act stipulates a period of three months within which a complaint may be preferred---There was also nothing on the record to show that the appellant had accepted KDA's offer letter, let alone that it did so within the period of one week mentioned therein---Requisite payment was also not made within the stipulated period, and only half of the occupancy value was ever paid---Ombudsman did not have jurisdiction and his decision was coram non judice---Governor should have set aside the illegal decision of the Ombudsman, but instead dismissed KDA's representation on technicalities---Therefore, it was left to the High Court to set aside the decision of the Ombudsman and that of the Governor---No illegality was found with regard to the impugned judgment of the High Court---Appeal was dismissed.

KANPUR OLD BOYS ASSOCIATION vs KARACHI METROPOLITAN CORPORATION Ss — 2024 SCMR 1361 SUPREME-COURT

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