IN THE HIGH COURT OF SINDH

(HYDERABAD CIRCUIT BENCH)

C.P. No. 2022

MUHAMMAD ADEEL SHAHID

S/o Muhammad ShahidYakoob,
Co-Owner/Special Attorney
R/o H.No.B208/1, Block-2,
Gulistan-e-Johar, Karachi. ………………….. Petitioner

VERSUS

1. PROVINCE OF SINDH
Through Secretary SITE,
Karachi.

2. MANAGING DIRECTOR (MD)

SITE Ltd., office at Manghopir,
Karachi.

3. ESTATE ENGINEER
SITE Ltd., Nooriabad.

4. MUHAMMAD MUNAF
S/o Zakria Abdul Sattar,
CNIC # 42201-2537696-9
R/o Karachi …………………… Respondents

CONSTITUTION PETITION UNDER ARTICLE 199 OF THE

CONSTITTUTION OF ISLAMIC REPUBLIC OF PAKISTAN, 1973.

The Petitioner respectfully submits as under:-

1. That, the petitioner is law abiding citizen of Islamic Republic of

Pakistan and reside on address given in the title of this petition, as
such being citizen, petitioner is entitled to avail all remedies
provided by the constitution of Pakistan towards the protection of
his person and property.
2. That the petitioner within the partnership of his brother and sister
namely Muhammad Ali Shahid& Sana JaudadQasmi, purchased
a Plot/Land bearing No.K/45, SITE Area, Nooriabad, which is
measuring 2.00 Acres under the agreement duly signed between
 the parties on 15.09.2020 by way of payment of sale
consideration amount i.e. Rs.80,00,000/- duly paid through two
different pay orders dated:09.11.2020, drawn on JS Bank, Dehli
Colony, Clifton Branch, Karachi.
[Copy of Agreement dated:15.09.2020 is annexure as “A”]

3. That, initially subject plot i.e. K/45, SITE Area, Nooriabad was
allotted to M/s Mazhar Hussain vide SITE allotment letter
dated:23.10.2004, whereafter, such allotee complied with codal
formalities towards allotment and also paid required amount within
stipulated time period, hence such allotment never remain under
any objection/dispute.
[Copy of Allotment Letter dated:23.10.2004,
Sketch dated:23.10.2004, No dues letter dated:
14.01.2005are annexure as “B” to “D”]
4. That, subsequent to the purchase agreement, petitioner met with
all formalities towards clearing of required dues of the SITE and
also initiated through application for the transfer mutation of
subject plot and resultantly on 12.11.2020, subject plot was
mutated by SITE in the name of petitioner and his partners as
mentioned.
[Copy of mutation dated:12.11.2020 is annexure as “E”]
5. That, after the mutation, petitioner applied to the secretary SITE
for execution of Lease Deed in their favour, and therefore on
27.11.2020, Lease with respect to subject Plot/Land was
issued/signed in the favour of petitioner and his partners, for
which petitioner has paid all the required dues/stamp duty and
finally such lease was registered with Sub-Registrar Kotri, vide
Registration No.268 on 27.11.2020 under the official
stamp/receipt.
[Copy of Registered Lease dated:27.11.2020,
Receipt of Payments of Lease Charges
areannexure as “F” to “H”]
6. That, beside the mentioned registration process of subject plot in
favour of petitioner, respondent SITE also issued Possession
Letter &sketch dated:13.11.2020 as well as Demarcation Letter
dated:19.01.2021 to the petitioner which is matter of record.
 [Copy of Possession Letter & Sketch
dated:13.11.2020 and Demarcation Letter
dated:19.01.2021 are annexure as “G” to “I”]
7. That, respondent SITE also issued approval towards Proposed
Building Drawing on 08.12.2020subject to payment of Fees for
Approval of Drawing which was paid by the petitioner with Meezan
Bank Ltd. In the Account of SITE vide Receipt dated:08.12.2020
amounting Rs,218,500/- and finally approval for construction as
per drawing was granted to petitioner vide letter
dated:08.12.2020.

[Copy of Demand Letter dated: 08.12.2020 for

payment of drawing approval and receipt of
payment thereof and Final approval letter for
construction dated:08.12.2020are annexure as “J”
to “L”]
8. That, subsequent to above process, respondent SITE lastly
issued No Objection to the petitioner for installation of Electric
Power Connection, Telephone Connection and Gas Connection
vide approval letters dated:14.12.2020.
[Copy of No Objection Letters
dated:14.12.2020are annexure as “J” to “L”]
9. That, after the clearance of title of subject plot in the name of
petitioner and his partners and after permission to construction,
when petitioner started construction on subject Plot as per
approved drawing, meanwhile field officials of the respondent
SITE without showing justification and lawful authority has
restrained the petitioner from carrying construction on the subject
Land, whereas legally there does not arise any valid
objection/reason authorizing the field staff to interfere in the Civil
rights of the petitioner over subject land, thus any such act of the
respondents field officials is invalid, illegal and misuse of authority.
10. That, in this situation, when petitioner approached official
respondents of SITE, it came to know that respondent No.4 is
claiming ownership right within the subject plot and after detailed
query by the petitioner towards any such ownership
documents/connection, it was revealed by the respondent SITE
that respondent No.4 claim to be sub-attorney of the attorney of
 the person namely Mazhar Hussain from whom petitioner has
purchased subject Plot/Land.
11. That, not only the act of the respondents towards
restraining the petitioner from carrying construction within their
legal character, is illegal, un-authorized and misuse of authority
but also it is serious violation of fundamental rights of the
petitioner which is not permissible under the law of land.
12. That, it is settled principle of law that any person claiming
some interest within the property may avail civil remedy towards
declaration of his legal entitlement and character but herein this
matter rather to approach proper forum, respondent No.4 with the
collusion of SITE officials is attempting to blackmail and harass
the petitioner for achievement of his ill objectives, otherwise,
unless competent court declares him to be person carrying some
interest within subject plot, till any such interference within civil
rights of the petitioner by the respondent SITE or by private
respondent, if any, amounts to serious violation of fundamental
rights of the petitioner, hence, respondents are liable to be
prosecuted.
13. That, the petitioner in the prevailing situation, suffering from
illegal and unauthorized acts of the respondents is carrying huge
grievance against the respondents and therefore, the matter
pertaining to misuse of authority by official respondents, petitioner
prefers instant petition for adequate relief towards the redressal of
his grievance at the hands of respondent SITE as such petitioner
aim to have specific direction to the official respondent SITE not to
interfere in the lawful construction and civil rights of the petitioner.

14.
 GROUNDS
1. That the petitioners has preferred instant petition having no other
expeditious remedy in this connection against the officials
respondents.
2. That although certain illegal and unlawful acts amounting to
misuse of authority on the part of official respondents have come
on surface and petitioner apprehends to infringement of his
fundamental rights along with civil rights, hence, instant petition is
very much competent.
3. That the petitioner being lawful owner of subject plot/land has
been working within his legal character but field officials of
respondents SITE on the behest of malafide objects and on
instigation of respondent No.4 has illegally and unauthorizedly
stopped construction work on plot of petitioner, otherwise, there is
no valid objection/reason with respondents for such illegal acts.
4. That the conduct of the official respondents SITE is illegal,
unconstitutional, malafide and liable to be dealt with appropriately
by this Hon’ble Court as petitioner is suffering from great mental
agony, financial loss as well as apprehension of any mishaps on the
location at the hands of the field staff of respondents SITE.
5. That Article 4 of the Constitution provides and fully ensures that it
is an inalienable right of every citizen of Pakistan to enjoy the
protection of law towards person and property and to be treated in
accordance with law and that no person shall be compelled to do
an act for which the law & circumstances does not require him to
do so and herein the present matter the petitioners is being
compelled to bow down before the illegal and authorized demands
of the officials.
6. That the rights of the petitioner have been violated and he has been
deprived by respondentsSITE from enjoying of his lawful right
over the property owned by him and also petitioner is illegally
restrained from construction work within his legal character and
circumstances clearly show that official respondents are not
performing their statutory duties in accordance with law.
 7. That the subject land within the limit of “SITE AREA
NOORIABAD”, Sindh, hence, instant petition is within
jurisdiction and Hon’ble Court and this Hon’ble Court is fully
competent to adjudicate the matter.
8. That the petitioner crave leave of this Hon’ble Court to urge more,
further and additional amongst other grounds at the time of hearing
of the instant petition.

PRAYER
In view of the above facts and circumstances, it is most
respectfully prayed as under:-

(a) To direct respondents SITE (official respondents) to act in-accordance

with law and not to interfere in the construction carried by the petitioner
over subject plot i.e. No.K/45, SITE Area, Nooriabad, within his legal
character.

(b) To direct respondents SITE (official respondents) to act in-accordance

with law and not to interfere in the process of issuance of NOC in respect
of Financial Institution and other Government and Semi Government
Department.

(c) To directthe respondent No.4 or any other acting on his behalf to

approach proper forum by availing civil remedy towards declaration of
any such right/interest in the subject plot/land of the petitioner.

(d) To direct the respondents unless civil court negates the title and
possession of petitioner to be lawful, petitioner’s civil rights shall not be
disturb or interfered illegally and unlawfully.

(e) Any other relief(s) which this Hon’ble Court may deem fit and proper
under the circumstances of this case.

PETITIONER

KARACHI
Dated: .05.2022.
ADVOCATE FOR THE PETITIONERS
 IN THE HIGH COURT OF SINDH
(HYDERABAD CIRCUIT BENCH)

C.P. No. 2022

MUHAMMAD ADEEL SHAHID………………….. Petitioner

VERSUS

PROVINCE OF SINDH& ORS…………………… Respondents

AFFIDAVIT IN SUPPORT OF THE PETITION

I, MUHAMMAD ADEEL SHAHID S/o Muhammad Shahid

Yakoob, R/o H.No.B208/1, Block-2,Gulistan-e-Johar, Karachi.,do
hereby state on Oath as under:
1. That, I am Petitioner in the above Petition and deponent of this
affidavit as such being co-owner of the subject land know the facts of
the case.
2. That I say that the accompanying petition has been drafted & filed
under my specific/express instructions and contents whereof may be
treated as part and parcel of this affidavit.
3. That I say that due to illegal acts of the respondents, I am suffering
from great mental agony, financial loss as well as apprehension of any
mishaps on the location at the hands of the field staff of respondents
SITE.
4. That I say that I have no other expeditious remedy to the redressal of
my grievance in the prevailing circumstances so arising due to recent
illegal acts of the respondents, hence, this petition.
5. That, I say that until and unless the instant petition is entertained /
allowed I shall be seriously prejudiced and my valuable Constitutional
rights will be curtailed.

Whatever stated above is true and correct to my belief.

Karachi:
Dated: -05-2022 DEPONENT
 IN THE HIGH COURT OF SINDH
(HYDERABAD CIRCUIT BENCH)

C.P. No. 2022

MUHAMMAD ADEEL SHAHID………………….. Petitioner

VERSUS

PROVINCE OF SINDH& ORS…………………… Respondents

APPLICATION UNDER SECTION 151 CPC FOR EXEMPTION

It is respectfully prayed on behalf of the

petitioners above named that this Hon’ble Court

may be pleased to exempt the petitioner from filing

original / certified copies of the annexures, true

English translation and legible copies of such

documents today in order to save time.

The prayer is made in the interest of justice.

Karachi:
Dated:-05-2022ADVOCATE FOR THE PETITIONER
IN THEHIGH COURT OF SINDH AT KARACHI
C.P. No. S- 394 /2021

Shamim Ahmed Siddiqui & another ………….. Petitioners

VERSUS

S.S.P (East) & others ………………………. Respondents

AFFIDAVIT IN SUPPORT OF EXEMPTION

APPLICATION

I,MUHAMMAD ADEEL SHAHID S/o Muhammad

ShahidYakoob, R/o H.No.B208/1, Block-2, Gulistan-e-Johar,
Karachi.,do hereby state on Oath as under:

1. That, I am Petitioner No.1 in the above Petition and

deponent of this affidavit as such know the facts of the
case.
2. That, I submit and say that the accompanying application
U/s 151 CPC for exemption has been moved under
my/our instructions, its contents are true and correct, and
may be treated as a part of this affidavit of mine.
3. That, I say that unless the accompanying application is
granted the petitioners shall be seriously prejudiced.
4. That, whatever stated above is true and correct to the
best of my/our knowledge and belief.

Karachi:
Dated: -05-2022 DEPONENT
IN THEHIGH COURT OF SINDH AT KARACHI
C.P. No. S- 394 /2021

Shamim Ahmed Siddiqui & another ………….. Petitioners

VERSUS

S.S.P (East) & others ………………………. Respondents

APPLICATION UNDER RULE 9 CHAPTER III-A VOLUME

V OF HIGH COURT RULES

It is respectfully prayed on behalf of the

petitioners that for facts, reasons and grounds stated in the

memo of petition herein as well as in the accompanying

affidavit, that this Hon’ble Court may graciously be pleased

to put up the aforesaid petition before this Hon’ble Court /

Chamber for orders on -05-2022.

Prayer is made in the interest of justice accordingly.

Karachi:
Dated: 04-05-2021 ADVOCATE FOR THE PETITIONERS
IN THE HIGH COURT OF SINDH AT KARACHI
C.P. No. S- 394 /2021

Shamim Ahmed Siddiqui & another ………….. Petitioners

VERSUS

S.S.P (East) & others ………………………. Respondents

AFFIDAVIT IN SUPPORT OF URGENT

APPLICATION

I,Shamim Ahmed Siddiqui son ofShakoor Ahmed

Siddiqui,Muslim, Adult, resident of C-15, Block-16, Gulistan-e-
Jauhar, Karachi, do hereby state on Oath as under:

1. That, I am law full attorney of Petitioner and deponent of this

affidavit as such know the facts of the case.

2. That, I say that the accompanying application for urgent

hearing has been drafted & filed under my/our specific

instructions, and the same may be read and treated as part and

parcel of this affidavit for the sake of brevity.

3. That I say that I being lawful owner of subject plot/land has

been working within my legal character but field officials of

respondents SITE on the behest of malafide objects and on

instigation of respondent No.4 has illegally and unauthorizedly

stopped construction work on plot of petitioner, otherwise,

there is no valid objection/reason with respondents for such

illegal acts.
 4. That I say that I am suffering from great mental agony,

financial loss as well as apprehension of any mishaps on the

location at the hands of the field staff of respondents SITE.

5. That, I say that until and unless the accompanying application is

granted, I/We shall be seriously prejudiced and my/our right

shall also be affected which shall not be cured by any means.

6. That, whatever stated above is true and correct to the best of my

knowledge and belief.

Karachi:
Dated: -05-2022 DEPONENT