| Case ID |
10453759-8b4c-447d-9903-92aa181fb3b8 |
| Body |
View case body. Login to View |
| Case Number |
Constitutional Petition No.D-176 of 1987 |
| Decision Date |
Mar 18, 2004 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the petition challenging the show-cause notice issued by the Mukhtiarkar Samaro. The court held that the petitioners failed to demonstrate that the notice was issued without lawful authority. It reiterated the principle that parties must exhaust available legal remedies before invoking the court's jurisdiction under Article 199 of the Constitution. The court emphasized that if a show-cause notice is issued with mala fide intention or without lawful authority, it may be struck down. However, in this case, the petitioners could not establish such grounds, leading to the dismissal of their petition without any order as to costs. |
| Summary |
In the case of Mst. Baghul and 17 others vs. Deputy Commissioner, Tharparkar, the Sindh High Court dealt with a constitutional petition regarding a notice issued by the Mukhtiarkar Samaro. The petitioners contested the legality of the notice which sought to challenge the sale and mutation of agricultural land they had purchased. The court examined the provisions of the West Pakistan Cooperative Societies and Cooperative Banks (Repayment of Loans) Ordinance, 1966, specifically Sections 8-A and 8-B, which restrict the alienation of property by loan defaulters. The court concluded that the petitioners failed to provide sufficient evidence that the notice was issued without jurisdiction. The ruling underscored the importance of exhausting available remedies before seeking judicial intervention. This case highlights the legal complexities surrounding property transactions and the rights of bona fide purchasers under cooperative society regulations. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MOOSA K. LEGHARI,
KHILJI ARIF HUSSAIN
|
| Lawyers |
Muhammad Ismail H. Memon,
Masood A. Noorani,
Abdul Aziz Khan,
Abdul Sattar Kazi
|
| Petitioners |
17 others,
Mst. BAGHUL
|
| Respondents |
13 others,
DEPUTY COMMISSIONER, THARPARKAR
|
| Citations |
2004 SLD 2125,
2004 CLD 1220
|
| Other Citations |
Muhammad Afzal Khan v. Karachi Development Authority PLD 1984 Kar. 114,
Car Tunes v. Income Tax Officer, Circle V 1989 PTD 478,
M.R. Sons v. I.T.O. 1989 PTD 1010,
Rice Export Corporation v. Karachi Metropolitan Corp. PLD 1990 Kar. 186,
Zeshan Builders v. Karachi Building Control Authority 1992 MLD 2259,
Mian S.M. Yousuf Baghpatee v. Kar. Building Control Authority and others 1993 CLC 2491,
Attock Cement Pak. Ltd. v. Collector of Customs, Quetta 1999 PTD 1892,
Platinum Commercial Bank Ltd. v. Government of Sindh 2003 MLD 279 (Kar.),
Shagufta Begum v. I.T.O. PLD 1989 SC 360
|
| Laws Involved |
West Pakistan Cooperative Societies and Cooperative Banks (Repayment of Loans) Ordinance, 1966
|
| Sections |
8-A,
8-B
|