ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C. P. No. D – 5189 of 2016

Date of hearing

Order with signature of Judge

Hearing of case (priority)

1. For hearing of CMA No.14940/2016 (S/A)

2. For hearing of main case

17.01.2019

Mr. Zulfiqar Ali Sangi, Advocate for the petitioner.

Mr. Khuda Bux Chohan, Advocate for Sukkur Municipal Corporation along with Pir Wahid Bux, Municipal Commissioner, Sukkur Municipal Corporation.

Mr. Shafi Muhammad Chandio, Additional Advocate General Sindh along with Rafique Ahmed Buriro, Commissioner, Sukkur Division.

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Petitioner’s counsel is relying on a deed of tenancy executed by Taluka Municipal Administration, Sukkur on 07.05.2005. When enquired as to whether any transparent process was undertaken by the Taluka Municipal Administration, the counsel has frankly conceded. He, however, claims that the petitioner is paying rent regularly. This is immaterial, as the basic requirement i.e. transparent process, was not adopted at the time when this deed of tenancy was executed and it is enough to cancel this deed of tenancy, as has been done by the Municipal Corporation now. Petitioner’s counsel submits that the petitioner is willing to participate in the tender as and when floated, however, his goods / swings may not be removed.

We do not accept such request as this may prejudice other participants and they would believe that perhaps the decision has already been made. The petitioner, however, may participate in the upcoming tender. The petitioner is at liberty to remove all his belongings from the park within one (01) month as requested by the counsel himself, failing whereof the Municipal Corporation shall be at liberty to remove the belongings of the petitioner at his risk and cost. The entire area of the park shall be maintained by the Municipal Corporation and all structure built by any entity shall be removed forthwith including the existing structure other than park. The tender shall be floated in accordance with law, once the belongings of the petitioner are removed so that the park be maintained as required. The entire process may not take more than two months and report be filed in compliance.

Accordingly, the petition is dismissed along with the listed application.

J U D G E

Abdul Basit