2019 PLC(CS) 594 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD TARIQ QASMI VS FEDERATION OF PAKISTAN R. 15---Policy Governing Allotment of Residential Accommodation (Meant for Secretariat Employees) at Karachi by Estate Office, SGA&CD dated 22-05-1999, Paras. 7, 13, 24 & 26---General Clauses Act (X of 1897), S. 24-A---Constitution of Pakistan, Art. 10-A---Government residence---Unlawful occupation---Ejectment---Petitioners were residents of government residential properties and were aggrieved of ejectment by Provincial Government---Petitioners contended that their status as residents was disputed and Provincial Government ejected them without determining their status as unauthorized occupants---Validity---No determination had ever taken place even in manner considered applicable to declare occupation of petitioners of respective properties as unlawful---Any notice served to petitioners in manner delineated for ejectment was premature---Competent authority ought to have initiated and concluded proceedings in accordance with law to determine occupation rights of petitioners prior to serving them with eviction notices.