ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
C.P. No.D-664 of 2009.
____________________________________________________________
Date Order with signature of Judge.
____________________________________________________________
1. For orders on Misc. No.2924/09,
2. For order on office objection No.3,
3. For orders on Misc. 2925/09,
4. For Katcha Peshi.
Uzma Rafique, petitioner is present in person.
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22.04.2009.
1. Granted.
2. To be complied within 10 (ten) days.
3. Granted subject to all just exceptions.
4. According to the learned counsel for the petitioners that the petitioners have appeared SPSC examination in the year 2008 which was to be held on 18.4.2009. It is urged that on 18.4.2009 the petitioners had appeared examination center, according to the learned counsel for the petitioners to appear in Civil Law paper which was schedule to be held on 18.4.2009 between 2 to 5 P.M as per schedule of Combined Competitive Examination which is annexure A/5 page 25 of the file. It is further urged that the petitioners reached at the examination center at about 1.00 P.M they informed the test was held at about 10.00 A. to 1.00 P.M instead of 2 to 5 P.M without communication to the petitioners which is causing them to the mental agony and they will also be deprived to be considered for the position from the expiry for. Let notices be issued to the respondents through regular mode as well as courier and pasting. Notice may also be issued to the Advocate General, Sindh.
To come up after ten (10) days.
ACTING CHIEF JUSTICE
J U D G E
ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
C.P. No.D-641 of 2009.
____________________________________________________________
Date Order with signature of Judge.
____________________________________________________________
1. For orders on Misc. No.2850/09,
2. For order on office objection Nos.1 & 2,
3. For orders on Misc. 2851/09,
4. For Katcha Peshi.
5. For orders on Misc. No.2852/09.
Mr. S. R. Saeed Qureshi, for the petitioner.
_________________
22.04.2009.
1. Granted.
2. To be complied within 10 (ten) days.
3. Granted subject to all just exceptions.
4 & 5. The petitioners are directed to file certified copy of Entry-42 on the basis of which they are entitled by the predecessor in the land in question. It is stated that the impugned order was passed on 01.06.2006; but the same came to the notice to the petitioners on 25.3.2009 when the respondent No.3 was directed to implead the same. Let notices be issued to the respondents through regular mode as well as courier and pasting.
Adjourned to 12.05.2009 as requested.
ACTING CHIEF JUSTICE
J U D G E
ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
C.P. No.D-422 of 2009.
____________________________________________________________
Date Order with signature of Judge.
____________________________________________________________
1. For Katcha Peshi.
2. For Hg. of Misc. 1833/09.
Mr. Mirza Saeed Baig, for the petitioner,
Mr. Shaikh Riaz, for CDGK.
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22.04.2009.
Learned counsel for the respondents No.4 & 5 claim copy of the petition to which learned counsel for the petitioner undertakes supply the copy during the course of the day. Subject to payment of amount claims by the respondent No.4 the petitioner shall be running the Monday Bachat Bazar in he subject property. It is however without prejudice to the defence and claim of any such amount is due and payable by the petitioner.
Adjourned to a date in office.
ACTING CHIEF JUSTICE
J U D G E
ORDER SHEET
IN THE HIGH COURT OF SINDH KARACHI
C. P. No.D-429 of 2003 __________________________________________________________________
Date. Order with signature of Judge.
________________________________________________________
1. For further orders,
2. For orders on CMA No.1801/09,
3. For hearing of CMA No.8969/07,
4. For hearing of CMA No.9136/07.
Dr. Farogh Naseem, advocate,
Syed Jamil, advocate,
Mr. Ghoar Iqbal, advocate,
Mr. Rizwan Nadeem, advocate,
Mr. Muhammad Sarwar Khan, Addl. A.G.
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22.4.2009.
1. Notice is waived by the learned counsel for the parties who are present in Court. Mr. Rizwan Nadeem, advocate undertakes to supply copies to all the counsel. Counter-affidavit and rejoinder, if any, to be exchanged before the next date of hearing.
Mr. Farogh Naseem, learned counsel for the petitioner states that the subject matter was decided by a division Bench of this Court vide judgment dated 19.11.2003. Learned counsel for the petitioner has drawn our attention to the case of SHABBIR AHMED VS. AKHTER ALAM, reported in PLD 1994 SC page 598 relevant page 604, to urge that since the instant matter pertains to review of the order/judgment passed by this Court referred to above, therefore, the propriety demands that the same is to be heard by the same Bench. It may be observed that the hearing of the matter for review by the judge or judges who passed the decree or made the order, who continues or continue to be attached to the Court and is not or are not precluded by absence or for other cause for a period of six months next after the application for review, such judge or judges or any of them shall hear the review application and no other judge or judges of the Court. It may be observed that though the judge or judges may be available but are posted at different Benches at different Circuits and it is not generally possible to assemble or be available at the same time, therefore, mattes in review are placed before the Hon’ble Chief Justice for constitution Special Benches. It is for this reason on office note, Hon’ble Chief Justice directed to avoid the delay the case may be fixed before D.B-2. From the record it appears that the review application was filed on 17.12.2007 more than six months time has since lapsed. Judgments are subject matter of the review were also passed on 28.11.2007 and 12.12.2007 on account of such exigencies, in order to avoid delay administrative order of Hon’ble Chief Justice, dated 30.2.2009 may be abided. The objection of Mr. Farogh Naseem, may not be relevant therefore these are over ruled.
Syed Jamil, advocate points out that an inquiry report was filed as earlier on 24.4.2007 which is taken on record.
By consent the case is adjourned to 19.5.2009 to be taken up at 12 noon. Office is directed to fix all the pending applications on the said date. All the learned counsel is also directed to proceed with the case and if any counsel are not available on that date he shall make alternate arrangement so the matter may proceed.
ACTING CHIEF JUSTICE
J U D G E
ORDER SHEET
IN THE HIGH COURT OF SINDH KARACHI
C. P. No.D-2208 of 2006 __________________________________________________________________
Date. Order with signature of Judge.
________________________________________________________1. For order on statement dt. 23.9.08,
2. For Katcha Peshi,
3. For hearing of Misc. 8581/06.
Mr. Perviz Ahmed J. Qureshi, for the petitioner,
Mr. Muhammad Ikram Siddiqui, advocate,
Mr. Tufail Ahmed Dheraj, for KBCA.
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22.4.2009.
Today a latest report has been submitted on behalf of the respondents No.1 to 3 which is taken on record. It appears that the completion plan in respect of the subject premises has been filed that the authority concerned on 21.4.2009, the owner/builder has also paid a compound fees and the scrutiny of the plan is in process, which is likely to be completed within 60 days from the date of the completion of the plan. Learned counsel for the petitioner is satisfied with the prayers it may further observe that the committee to scrutiny and approved such construction as is permissible under the SBC Ordinance 1979 and KB&TP Ordinance 2002, and no compounding of construction beyond the permissible limit is to be allowed.
The petition is accordingly disposed off. Further the result of the scrutiny may be furnished to the Court immediately on expiry of 60 days.
ACTING CHIEF JUSTICE
J U D G E
ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
C.P. No.D-228 of 2009.
____________________________________________________________
Date Order with signature of Judge.
____________________________________________________________
Mr. Irfan Mir Halepota, for the petitioner,
Mr. Muhammad Sarwar Khan, Addl. A.G.
_________________
22.04.2009.
It is stated by the learned Additional Advocate General that the order of this Court passed on 26.23.2009 was communicated to the Principal Secretary to the Governor of Sindh on the same day; but he could not follow it. It may be observed that when any directions are given to any public functionary same are to be observed and complied with, without any reservation. We have taken a serious note of none compliance of the order of Court by the Principle Secretary to the worthy Governor of Sindh, it amounts to undermining the authority of Court that may entail serious consequence.
Learned Additional Advocate General undertakes to convey the annoyance of the Court to official concern and comments are not filed within 10 days from the date of communication of instant direction the Court will be constrained to order for personal appearance of the officer concerned.
By consent adjourned to 08.05.2009.
ACTING CHIEF JUSTICE
J U D G E
Muhammed Shahid Sami-ul-Haque,
P.A to Mr. Justice Safdar Ali Bhutto,