3858/2016 Const. P. K.U.E.C.H.S (Petitioner) V/S Province of Sindh and Ors (Respondent)
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi
3858/2016 Const. P. K.U.E.C.H.S (Petitioner) V/S Province of Sindh and Ors (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi Order Date: 12-MAY-26
Moreover, the record reflects that Respondent No.4 had made substantial payments towards the plot and had expressed willingness to clear any lawful outstanding dues; therefore, outright cancellation without proper adjudication was unjustified. The appellate authority also failed to determine the core issue regarding the legality of cancellation and mainly relied upon alleged third-party rights, which remained unsubstantiated as no subsequent allottee was impleaded in the proceedings. The learned Revisional Authority rightly exercised jurisdiction under Section 64 of the Cooperative Societies Act, 1925, to correct the misreading and non-reading of evidence committed by the appellate forum. The revisional order is a reasoned and lawful exercise of jurisdiction, balancing equities by directing Respondent No.4 to clear any lawful dues before restoration of allotment. Thus, no patent illegality or jurisdictional defect has been shown in the impugned revisional order dated 23.05.2016, warranting interference by this Court. 16. For the foregoing reasons, we are not persuaded to interfere with the impugned revisional order dated 23.05.2016 passed by Respondent No.1. Consequently, this petition, being devoid of merit, is dismissed, along with pending applications, if any. The petitioner-Society shall comply with the directions issued by the Revisional Authority forthwith strictly in accordance with law. However, no order as to costs.