C.P.No.D-168  of  2016

                       

1.    For orders on CMA-1665/2016

2.    For orders on CMA-1150/2016

3.    For orders on CMA-571/2016

4.    For orders on CMA-572/2016

5.    For Katcha Peshi

6.    For hearing of CMA-646/2016

 

 

17.02.2016

 

Petitioners Nos.1, 4 and 5 are present in person

Mr. Ahmed Ali Shahani Advocate for TMA.

Mr. Shafqat Ali Mahesar, respondents No.6.

Mr. Manzoor Hussain Ansari, respondent No.7.

Syed Jafar Ali Shah respondent No.8.

Mr. Liaqat Ali Shar, Additional Advocate General a/w Fayyaz Ahmed Jatoi, Deputy Commissioner, Khairpur, Mushtaq Ali Jumani Chief Municipal Officer, Khairpur and Sanaullah Thaheem contractor.

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                        Today, the petitioners have filed a statement dated 17.02.2016 duly signed by petitioner No.1 along with annexures, and submit that pursuant to order dated 04.02.2016 the possession of offices has been handed over to Chief Municipal Officer under acknowledgment. Statement has also been filed on behalf of respondent No.5, whereas, comments have been filed by respondents Nos.7 and 8, same are taken on record and copy supplied to petitioner No.1 appearing in person.

 

            Pursuant to Court notice, Fayyaz Ahmed Jatoi, Deputy Commissioner, Khairpur and Mushtaq Ali Jumani, Chief Municipal Officer, Khairpur have shown appearance and submit that though the letter has been submitted in the office regarding handing over possession, however, the actual physical/vacant possession has not been given, as keys are still lying with the petitioners. Petitioners present in Court submit that they are willing to handover physical/vacant possession to the Deputy Commissioner/ Administrator, Khairpur or his nominee today between 3-00 to 4-00 p.m.

 

            Mr. Ziaul Haq Amoodi Advocate and Mr. Mansoor Ahmed Shaikh Advocate are also present in person while Mr.Muhammad Ali Ansari holds brief for Mr. Waqar Hussain Khaskheli Advocate and submit that they have filed applications under Order I Rule 10 CPC to be impleaded as party, whereas, as according to them, they have also made payment of Rs.50,000/- towards offices in the subject project, whereas, their names also appear in the list attached in the instant petition. The petitioners and the learned counsel for respondents waive notice and claim copy of listed applications, however, submit that they do not have any objection if the listed applications are granted and proposed interveners are made party, however, subject to all just exceptions. Accordingly, listed applications at S.No.1, 2 and 4 (u/O 1 Rule 10 CPC) are granted subject to all just exceptions. Petitioners are directed to file amended title accordingly.

 

            Mr. Ghulam Mujtaba Jakhar Advocate has shown appearance and submits that he is in possession of office No.13, his name is mentioned at serial No.13 of the list and has also paid an amount of Rs.50,000/-, whereas, he is willing to handover physical vacant possession to the respondents today.

 

            Mr. Sajjad Hussain Halepoto Advocate has also shown appearance and submits that he is also in possession of office No.14, his name is mentioned at serial No.14 of the list, has and also paid an amount of Rs.50,000/-, whereas he is willing to handover physical vacant possession to the respondents today.

 

            Similarly, Mr. Muhammad Ali Shahwani Advocate present in Court submits that he is also in possession of office No.12, his name is mentioned at serial No.12 of the list, has also paid an amount of Rs.50,000/-, whereas, he is also willing to handover physical vacant possession to the respondents today.

 

            Mr. Abdul Haq Memon Advocate present in Court submits that he is in possession of office No.4, his name is mentioned at serial No.4 of the list, has also paid an amount of Rs.50,000/- and he is willing to handover physical vacant possession to the respondents today.

 

            M/s Imran Pathan and Niaz Hussain Maitlo Advocates present in Court submit that they are in joint possession of office No.21 and their names are mentioned at serial No.21 of the list, have also paid an amount of Rs.50,000/- and they are willing to handover physical vacant possession to the respondents today.

 

            Miss Farzana Bhatti Advocate present in Court submits that she is in possession of office No.6 and willing to deposit the amount of Rs.50,000/-, which has not been accepted by respondents, however, she is willing to handover physical vacant possession to the respondents today.

 

Let the petitioners and the aforesaid Advocates who have voluntarily shown appearance handover the physical vacant possession of the subject offices today between 3-00 to 4-00 p.m. under acknowledgment to the Administrator/CMO.

 

            Administrator/DC and Chief Municipal Officer present along with Sanaullah Thaheem contractor submit that funds for construction of Lawyers Chambers are available and the said project will be completed within a period of four months provided vacant possession may be handed over. It has been submitted that in view of forcible possession taken over by the petitioners and other advocates, the work has come to a halt. The contractor present in Court also submits that the work will be completed within 03 to 04 months provided the vacant possession may be handed over.

 

            In view of aforesaid, we are adjourning the matter to 09.03.2016 to be taken up at 11-00 a.m. In the meanwhile, the respondents may submit report regarding handing over of vacant possession of offices by the petitioners and other occupants in the subject project on the next date of hearing, whereas, Mr. Shafqat Ali Mahesar, President, District Bar Association, Khairpur, is also directed to look into the matter and to persuade the other advocates as well to handover physical/vacant possession to respondents, so that project may be completed within time, whereas, mechanism for allotment of such offices will be evolved.

 

            It is clarified that respondents shall not handover the possession of subject offices in the project which is reportedly meant for the Advocates only, without permission of the Court, and shall complete the construction work within four months as stated hereinabove.

 

 

                                                                                JUDGE

 

 

                                                JUDGE

 

 

N.M.