2563/2022 Const. P. Munir Ahmed (Petitioner) V/S Province of Sindh & Others (Respondent)

2563/2022 Const. P. Munir Ahmed (Petitioner) V/S Province of Sindh & Others (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha Order Date: 21-AUG-25

Prima facie, there are conflicting positions among the parties. The KMC's counsel states that the property remains officially classified as commercial, and the NOCs were issued in accordance with the rules. This is supported by the stance of KBCA and the letter from the Sindh Master Plan Authority dated 28.10.2020, which has been placed on record. These are disputed/ contested facts before this court, and the court cannot decide the subject matter under Article 199 of the Constitution, which is well-settled is beyond the jurisdiction of this Court. The Supreme Court of Pakistan, in the case of Pakistan WAPDA Employees Pegham Union v. Member National Industrial Relations Commission, 2014 SCMR 1676, held that factual disputes cannot be resolved by the High Court. Additionally, in the case of Lahore Cantonment Cooperative Housing Society Limited, PLD 2002 SC 1068, the Supreme Court stated that "disputed questions of fact could not be dealt with by the High Court in its Constitutional jurisdiction under Article 199 of the Constitution when other remedies are unavailable." The Supreme Court's judgment in Dr. Abdul Nabi's case (2023 SCMR 1267) supports this view. 16. In these circumstances, this Court cannot decide on the factual disputes regarding the residential status of the subject plot or the legality of its amalgamation, as these issues concern factual disputes, which as mentioned earlier is not within the domain of this Court under its constitutional jurisdiction. 17. In view of the aforesaid discussion, this petition, along with all application(s), is dismissed as being not maintainable.