C.P.No.D-1184 of 2011

1. For orders on CMA-10535/2015

2. For orders on CMA-10536/2015

13.10.2015

Petitioner present in person.

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1.             Granted.

2. The petitioner submits that since notice was not served upon him for 01.09.2015, therefore, instant petition was dismissed for non-prosecution and requests that the instant petition may be restored to its original position.

From perusal of record it appears that the notice was issued to the petitioner on 24.08.2015 for 01.09.2015, however, the petitioner did not appear on the fateful day and instant petition was dismissed in the following terms:

“Petitioner is called absent, no intimation received. Instant petition was filed on 28.04.2011 whereafter notices were issued in the instant matter on 04.05.2011. Thereafter, the petitioner has not shown appearance nor pursued the instant petition. It appears that relief sought through instant petition on the allegations that as per scheme announced by Government of Sindh for providing Tractors on ‘Qurandazi’, the respondents have accommodated men of their own choice, has been seriously disputed by respondents through comments filed in the instant matter, whereas, it has been further stated that the entire exercise was spotless and claim of petitioner is without any legal and factual basis. For this reason, perhaps the petitioner has not further proceeded in the instant matter, which is pending since 2011 without any useful progress. Accordingly, instant petition is dismissed for non-prosecution along with the listed application.”

No reasonable ground has been shown to restore the instant petition to its original position, which is pending since 2011 without any useful progress and the petitioner never remained vigilant to pursue the remedy, which, otherwise, appears to be based on baseless allegations. Comments filed on behalf of respondent No.3 dispute the claim of the petitioner. Accordingly, listed application is dismissed.

JUDGE

JUDGE

N.M.