KARACHI, Nov 14 The Sindh High Court restrained the provincial government on Friday from disposing of over 90 acres of land in the district of Thatta as its own by allotment to Haris and issued notices to the advocate-general and other respondents in a petition by two claimants.

Petitioners Abdul Razzak and Mst Nayab Talpur moved a petition against the secretary of the provincial land utilization department, and the district officer (revenue) and a mukhtiarkar of Thatta saying that the land was bought by them in parcels as far back as 1984 and 2004. Razzak purchased 40 acres at Deh Nai Baram carrying survey numbers 429 and 430 from Kazim Hussain. The transaction was duly recorded and registered after completion of all formalities.

Another 48 acres, the petition claimed, were purchased by in the vicinity of his previously-acquired land from Ghulam Shabbir in 2004. A sale deed was executed and registered as required by the law and it must be in the knowledge of revenue officials. Petitioner Nayab Talpur, meanwhile, bought a four-acre plot at Deh Verh Tapo, Tando Hafiz, Thatta, from Mehrab Khan. The vendor and the vendee fulfilled the requisite formalities in respect of the transaction.

The revenue officials, however, declared their 'qabooli' land as uncharted state land or 'naqabooli' land and the provincial land utilization department decided to dispose it of by distribution among Haris. When the government decision came to the petitioners' notice, they served a legal notice on the respondent department and its officials concerned.

The notice contained all the necessary details in respect of the land transactions. However, without responding to their notice, the department proceeded to implement its decision and advertised the distribution of the land owned by them.

Issuing notices to the advocate-general and the respondent officials and department, a division bench comprising Justices Azizullah M. Memon and Syed Pir Ali Shah ordered that status quo be maintained in respect of the land.

Facilities for Tessori

Undertrial prisoner Kamran Khan Tessori would be extended all facilities he is entitled to, Assistant Advocate-General Adnan Karim Memon assured the UTP's petitioner mother and a division bench comprising Chief Justice Anwar Zaheer Jamali and Justice Ghulam Dastgir A. Shahani disposed of the petition in terms of the assurance when Advocate Khwaja Naveed Ahmed, petitioner's counsel, expressed his satisfaction over it.

The deputy superintendent of the Central Prison, Karachi, also submitted that the UTP would be treated in accordance with the provisions of the jail manual. He would be allowed a better class, meetings with relatives and home-cooked food according to his entitlement. He denied that the UTP was being kept in solitary confinement.

Jatois' bail extended

The bench also adjourned hearing of the bail applications moved by Dadu district nazim Karam Ali Jatoi and former MPA Sadaqat Ali Jatoi, son and brother, respectively, of former federal minister Liaquat Ali Khan Jatoi, and extended the interim pre-arrest bail granted to them in a murder case.

The accused contended that they had been involved in a blind case because of political rivalry. They said a fire exchange occurred on the eve of February 18 polls, resulting in the death of a person. No specific role had been assigned to them in the first FIR while a second FIR of the case had been quashed by the district and sessions judge. They said they had also moved a petition for quashment of the case.

There were no comments from the prosecution and the bench adjourned the hearing to December 16, extending its interim order.

Zakat body chief

The bench gave Assistant Advocate-General Adnan Karim Memon two weeks to produce the text of the amendment to the Zakat and Ushr Ordinance, 1980, which empowered the provincial government to remove district zakat and usher committee chairmen.

Contesting a petition moved by Maulvi Saifullah Memon, chairman of the Thatta district zakat and ushr committee, the AAG argued that the 1980 ordinance was amended in 1997 to transfer the federal government's authority to replace district committee chairmen for misconduct to the provincial governments. Under Section 21 of the amended ordinance, the provincial government has delegated its power to the provincial zakat and ushr council chairman, who has replaced the petitioner in exercise of his delegated authority for misconduct. The AAG maintained that the previous petitions involving identical matters had been decided in disregard of the amended law.

The bench asked the law officer to produce the amended law within two weeks and adjourned further hearing to Nov 27.

Road width

The bench consisting of Justices Memon and Shah gave the city district government a last opportunity to show under what authority of law the width of a road in Baldia Town had been reduced from 100 feet to 20 feet.

Two petitioners claimed that they purchased plots of 85 square yards each in Baldia Town in an auction conducted by the municipal authorities. The road in front of the plots was specified as 100 feet wide in the site plan made available to the bidder. Subsequently, however, width of the road was reduced to 20 feet.