HYDERABAD: A division bench of the Sindh High Court has asked the Hyderabad deputy commissioner to finalise an inquiry, in shortest possible time, into the allotment of 54-acre land whose ownership is claimed by the police department and a housing society.

The bench comprising Justice Mohammad Saleem Jessar and Justice Nisar Ahmed Bhanbhro set aside Qasimabad Mukhtiarkar’s March 25, 2025 directive asking the society to stop construction work on the land till the inquiry was finalized.

The bench passed the order last Thursday (October 16) and the court released it a day later.

It pertained to a petition filed by the New Town Cooperative Housing Society through its general secretary Shakeel Ahmed Qureshi. The Local Government Secretary, Hyderabad DC, Qasimabad AC and Mukhtiarkar, deputy registrar of Cooperative Societies, Hyderabad SSP and SHO of the Baldia police station have been cited as respondents.

Advocate Ayatullah Khowaja represents the petitioner.

Sets aside mukhtiarkar’s directive as unauthorised, asks Hyderabad DC to finalise probe into ownership

The six-page order, authored by Justice Jessar, says that the society has made out a case for indulgence of court thus petition is partly allowed and impugned letter to the extent of restraining society from carrying out construction work is ‘set at naught”.

The court asked the DC to finalise the inquiry within shortest possible time and if proved that the land belonged to the police department, the society would not be entitled to claim any compensation for the construction work done at the subject land.

The petitioner society has questioned mukhtiarkar’s March 25, 2025 letter, praying court to declare it illegal and restrain the respondents from harassing it, interfering in its affairs and disturbing lawful possession of the land.

Advocate Khowaja informed court that his client was granted 54 acres in Deh Ganjo Takar and the full amount against it was paid with final settlement of malkana in 1961. Subsequently, the land was taken over by government and society was given alternative land in Deh Jamshoro. Such entry was made in record of rights in its favour. However, he stated, the Qasimabad mukhtiarkar through a letter dated March 25, 2025 called for verification of society’s record and asked the society to halt the ongoing construction work.

Assistant Advocate General Rafique Ahmed Dahri maintained that the land was reserved for ‘police purpose’ and allotted to police department in 1973 for construction of a building. Since then, he claimed, it had been under possession of police.

In 2003, he added, police learnt that mukhtiarkar changed khata pursuant to court orders of July 31, 2003 and Aug 4, 2003 passed in a civil suit (247/1998). The case was remanded back for a fresh trial on police’s appeal against decree. The AAG asserted that the revenue department wrongly entered the land in favour of the society. Even Chief Minister’s Inspection Team (CMIT) had recommended cancellation of the entry, he added.

The bench noted that the land was acquired by collector on July 9, 1973 for police purpose but land acquisition proceedings could not be materialised for want of remaining payment by police after initial payment of Rs200,000. The land was then allotted to society vide entry (175) dated Feb 19,1977.

It said following CMIT’s inquiry, no further action was taken. The Qasimabad mukhtiarkar, vide April 8, 2025 order, was directed to furnish a comprehensive report. As per the report, submitted under statement by AAG dated May 2, 2025, the land still exists in society’s name, thus supporting society’s contention and police had not yet sought cancellation of the entry. Even LU didn’t act on CMIT’s report. Police’s claim that they own land was yet to be determined by appropriate forum.

The bench said the language of mukhtiarkar’s March 25, 2025 letter reflected that DC directed him to halt ongoing construction work and an inquiry was initiated on police’s complaint. “Mukhtiarkar is not competent to get construction work halted. If any irregularity was pointed out in construction work, it was domain of Sindh Building Control Authority and respective department to act in accordance with law,” said the court order.

Published in Dawn, October 20th, 2025