ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-3962 of 2011

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

DIRECTION:

For hearing of CMA No.17647/2021 (Contempt).

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20^th September 2021

Mr. Kh. Shams-ul-Islam, Advocate for Petitioner.

Mr. Jawwad Dero, Addl. A.G. Sindh alongwith alleged contemnor No.1 Farid-ud-Din Mustafa Deputy Commissioner Jamshoro, alleged contemnor No.4 Mumtaz Ali Talpur, Mukhtiarkar and alleged contemnor No.5 Feroz Tapedar from Taluka Thana Bola Khan.

Jam Zeeshan Ali, Advocate for alleged contemnor No.7.

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Counter-Affidavit has been filed on behalf of the alleged contemnor No.7. Reply of remaining alleged contemnors have also been filed, whereas, concerned Deputy Commissioner present in Court, who submits that he had no intention to violate the Court’s order, whereas, an application was received from the Directorate of Settlement and Survey of Land for demarcation of the land admeasuring 199 acres, whereafter, directions were issued to the concerned Mukhtiarkar, whereas, no objection was received from any person in this regard, therefore, order of demarcation was passed. It has, however, been stated that objections have been received subsequently, which will be examined in accordance with law in the light of the order passed by this Court as well as order of the Hon’ble Supreme Court of Pakistan in respect of the land, which is subject matter of instant petition.

In view of such statement, learned counsel for the petitioner is satisfied, however, submits that the alleged contemnors may be directed to comply with the order of this Court in letter and spirit and not to pass any order with regard to the subject land of instant petition i.e. 42 acres as well as remaining land totaling into 199 acres, which is subjudice before the Hon’ble Supreme Court of Pakistan.

Accordingly, listed application (C.M.A. No.17647/2021) is disposed of, however, with the directions to the alleged contemnors to ensure that the order of this Court as well as order of the Hon’ble Supreme Court of Pakistan shall be complied with in letter and spirit, whereas, before proceeding any further, proper opportunity of being heard be provided to the petitioner. It is, however, clarified that if, any action or order is passed in violation of the Court’s orders, no further indulgence will be given and the alleged contemnors will expose themselves to the contempt of Court’s proceedings.

J U D G E

*Farhan/PS*