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Author Topic: Islamia College Complex: SHC dismisses petition against vacate order  (Read 2292 times)

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Islamia College Complex: SHC dismisses petition against vacate order

Karachi: The Sindh High Court dismissed on Tuesday a constitutional petition filed by the Sindh Education Department, an apparently half-hearted attempt to stop the vacate order of the Islamia College Complex, as not maintainable.

The complex houses over a dozen educational institutions. As a last ditch effort, a constitutional petition was filed by the Sindh government, through counsel Suleman Habibullah, against the Islamic Education Trust, which owns the complex spreading over 22,349 square yards, known as the Islamia College Building Complex.

The petitioner challenged the order of the 3rd Rent Controller, Karachi East, who in an order issued on April 26, 2007, directed the tenants to peacefully vacate the premises and hand over possession within six months of the order.

The vacate order was passed as the respondent had been unable to pay rent of Rs 12.33 million from December 2001 to February 2006. The total accumulated arrears are stated to be Rs 115.8 million. On Tuesday, the SHC bench, headed by Justice Ali Sain Dino Metlo, citing a judgment by the Supreme Court of Pakistan, held that the petitioner had bypassed the appellate forum (rent appeal) and the apex court has disapproved the acceptance of a constitutional petition by the Peshawar High Court.

The bench said that in view of the apex court's judgment, the constitutional petition is not maintainable and dismissed the petition. More than a dozen educational institutions, including Islamia Arts, Science and Commerce College (evening and morning shifts), Qureshi Higher Secondary School, German Model Secondary School, Qureshi Primary Boys School, Noor Public Primary School and Sindh Primary School, will be affected by the delay in filing of an appeal before a proper forum.

Abdul Rehman M. Qureshi founded the Islamic Education Trust in 1958. He ran 18 different educational institutions in the city, some of which were nationalized in 1973, meaning that the Sindh government was to pay rent to the trust.

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