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ZEESHAN YOUNUS vs PROVINCE OF SINDH through Chief Secretary, Government of Sindh, Karachi Ss — 2025 CLC 363 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2025 CLC 363 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2025
Reporter
CLC
Parties
ZEESHAN YOUNUS vs PROVINCE OF SINDH through Chief Secretary, Government of Sindh, Karachi Ss
Subject matter
Constitutional
Provisions referred to
Easements Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ZEESHAN YOUNUS VS PROVINCE OF SINDH through Chief Secretary, Government of Sindh, Karachi Ss.52 & 62(c)---License/permit to extract limestone---Extension in permit---Obscurity in process of granting license---No public notice---Continued occupation of land without a valid permit---Trespassing---Petitioner continued occupation of the land after expiry of extended period of license/permit by depositing challan/fee on his own without any authority by the respondents---Legality---Validity---Nothing on the record was found as to transparency of process of awarding the permit to extract limestone---It was the primary consideration of the petitioner that a notice ought to have been followed at the time of extending the period of permit/license---Petitioner had been paying challan/fees, on his own, without permission of the authority concerned and had applied for an extension of the license---Petitioner's occupation was illegal and his status was that of a trespasser under the Easements Act, 1882, as permission alone did not bestow any right under the law rather license/permit could have been cancelled even during its subsistence---High Court did not exercise its discretion in favour of the petitioners, who continued to occupy and enjoy the land as trespasser for the extraction of limestone---Occupation over the land was not transparent, thus, High Court ordered an inquiry into the actions of the officials responsible for issuing and renewing the license and also directed to retrieve the land from the trespasser---Constitutional petition was disposed of, in circumstances.

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