ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C. P. No. D – 1723 of 2018

Date of hearing

Order with signature of Judge

1. For hearing of CMA No.8888/2018

2. For hearing of main case

30.10.2018

Mr. Nisar Ahmed Bhanbhro advocate for petitioners.

Mr. Ahmed Ali Shahani Assistant Advocate General Sindh.

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It is the case of learned counsel for the petitioner that the original allottee is petitioner No.1 and along with him his maternal uncle / petitioner No.2 was residing with him when a notice of vacation was served upon petitioner No.2. Both the petitioners have impugned the aforesaid letter dated 09.10.2018 that the respondents may be restrained from taking action in pursuance of the aforesaid impugned notice. It is the case of the petitioner No.1 that the petitioner No.2 is not only his maternal uncle but also his father-in-law and rent is being deducted from his salary. Learned AAG appearing for the official respondents has informed that in pursuance of the orders passed in several other petitions including C. P. No. D – 916/2017 not only the possession of the subject quarter was resumed but also an FIR was lodged against the unauthorized / illegal occupants. Learned counsel for the petitioner submits that the action was taken subsequent to the filing of the petition which is only a mala fide act. Without commenting upon such contention, as it is a disputed question of fact, since the impugned notice has already been complied by the officials as the possession has been resumed, the petition has virtually become infructuous. In case the original allottee / petitioner No.1 as is being considered by learned counsel for the petitioner, is aggrieved of the action of resuming the possession of the subject quarter, he may pursue his remedy as he deem fit and proper under the law which shall be considered in accordance with law and shall be decided in reasonable time since his goods and other daily use articles are lying in the premises.

Petition and listed application stand disposed of in the above terms.

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J U D G E

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J U D G E

N.M.