Abdul Ghafoor vs Federation of Pakistan through Secretary Port and Shipping art — 2026 YLR 967 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2026 YLR 967 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2026
Reporter: YLR
Parties: Abdul Ghafoor vs Federation of Pakistan through Secretary Port and Shipping art
Subject matter: Civil

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

Abdul Ghafoor VS Federation of Pakistan through Secretary Port and Shipping art. 199---Constitutional petition---Factual controversy---allotment of land---administrative authority---Scope---Petitioners claimed to be the residents of land in question and had sought grant of 99 years lease in their favour---Validity---Matter involved seriously disputed and contentious questions of facts, including but not limited to ownership of subject land, legality of possession, existence of alleged village, applicability of 2008 policy and competing claims of different respondents---Petitioners and authorities had taken divergent factual stands which could not be resolved without recording of evidence---Disputed questions of fact, particularly those requiring evidence, examination of documents and determination of title or possession cannot be adjudicated in Constitutional jurisdiction under art.199 of the Constitution---Constitutional Court does not function as a Trial Court to resolve factual controversies or to conduct roving inquiries---High Court declined to interfere in the matter as declaration of entitlement, regularization of land and issuance of lease involved exercise of statutory and administrative functions by competent authorities and the same could not be substituted by Constitutional Court in absence of clear violation of law or mala fide exercise of power established on admitted facts---Constitutional petition was dismissed, in circumstances.

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