Bashir Akbar Ali vs State Ss — 2025 YLR 2177 KARACHI-HIGH-COURT-SINDH

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

Bashir Akbar Ali VS State Ss. 3 & 4---Illegal dispossession---Applicant installed a petrol pump after getting license from the respondents but they were dispossessed from the premises by the respondents illegally who began dismantling the petrol pump accessories---Applicant filed a complaint but the Trial Court dismissed the same---Validity---In the present matter, through a lease agreement dated May 4, 2001, the commercial plot was transferred to the complainant/applicant by the then Management of Pakistan State Oil Company (P.S.O.)---Complainant/ applicant lawfully took possession and managed the premises as a bona fide and legally recognized dealer in accordance with the terms of a license agreement---Complainant was engaged in the business of selling petroleum products and had also installed a Compressed Natural Gas (CNG) station on the subject plot---Applicant remained in full compliance with the terms and conditions of the license agreement and did not commit any breach thereof---However, the access to the petrol pump from the main entrance roads was obstructed by law enforcement agencies, thereby preventing customers from reaching the premises---As a result, the complainant filed a constitutional petition---Upon adjudication, High Court was pleased to direct the removal of all obstructions and blockages on the road, further directing the relevant authorities that the applicant's petrol pump shall not be removed without due processes of law---Applicant, after complying with all requisite legal formalities and obtaining the necessary approval from the Sindh Building Control Authority, subsequently executed a license agreement with Pakistan State Oil Company---Pursuant to the said agreement, the applicant lawfully installed a Compressed Natural Gas (CNG) filling station on a portion of the subject plot, making a substantial investment of Rs. 60.0 million for its installation---During the course of operating the petrol pump and CNG station, the respondents exerted undue oral pressure on the applicant, coercing the termination of the agreement, vacating the premises and surrendering physical possession of the petrol pump and CNG installation---Such actions were driven by mala fide intent and dishonest motives to transfer possession to their associates---However, the applicant consistently refused to terminate the license agreement, as the business was being operated in full compliance with the terms and conditions set forth in both license agreements---Furthermore, respondents persistently created unnecessary obstacles in the lawful operation of the business and sought to interfere with the applicant's physical possession of the premises---In response, the complainant instituted constitutional petition, and upon adjudication, the petition was disposed of with directions to the applicant to file a civil suit against Pakistan State Oil Company, while the Staff Welfare Organization was specifically instructed not to take any adverse action against the applicant---On 12.10.2022, at approximately 08:00 PM, the respondents, accompanied by 20 to 30 unknown armed guards, unlawfully and forcibly attacked the petrol pump situated on the plot and illegally dispossessed the applicant and his staff from the premises---During the course of the forcible dispossession, the respondents began dismantling the petrol pump's accessories and engaged in cutting operations using welding equipment, despite being expressly informed that the petrol and diesel storage tanks contained over 1,300 liters of petrol and 7,000 liters of diesel, and that the gas storage cylinders were filled with CNG---Reckless actions of the respondents created a grave and imminent risk of a catastrophic explosion, yet they disregarded these warnings instead issued threats, demanding immediate vacation of the premises, failing which they threatened to use firearms---Fearing serious harm and potential loss of life, the applicant and his staff refrained from resisting---Consequently, the applicant was forcibly and unlawfully dispossessed of the petrol pump and CNG station, which was subsequently occupied by the respondents and concealed with cloth tents---Clause 20 of the agreement explicitly provided that in the event of any question, dispute, difference, or objection arising in connection with or related to the agreement including the rights, duties, and liabilities of either party, such matters shall be referred for arbitration to the company's General Manager Reseller or his nominee, or to such other officer of the company as might be designated---Decision rendered by the designated arbitrator shall be final and binding on both parties---Similarly, Art.17 of the CNG License Agreement contained an identical arbitration clause, stipulating that any dispute shall be resolved through arbitration---Additionally, it had been clearly stipulated that arbitration proceedings shall be governed by the Arbitration Act, 1940, or any subsequent amendment thereof, as applicable at the relevant time---Despite those explicit contractual provisions mandating arbitration, the respondents willfully disregarded the law, acted in excess of their authority and unilaterally took the law into their own hands---Instead of adhering to due legal process, respondents assumed the roles of both judge and jury in their own cause and forcibly dispossessed the applicant/complainant from the fuel station in a clear violation of legal principles and due process---Furthermore, the fundamental right to property, as enshrined in the Constitution, had been safeguarded to ensure that no individual was deprived of their property without legal justification and without following the proper legal procedures---Criminal miscellaneous application was allowed in circumstances and the matter was remanded to the Trial Court with the direction to rehear the respective parties and render the order afresh.

Bashir Akbar Ali vs State Ss — 2025 YLR 2177 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2025 YLR