ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

PRESENT:

Mr. Justice Aqeel Ahmed Abbasi

Mr. Justice Mahmood A. Khan

C.P. No.D-6760 of 2022

___________________________________________________________________                                        Date                                      Order with signature of Judge 

___________________________________________________________________ 

FOR DIRECTION:

1. For order on CMA No.2446/2023 (Urgent).

2. For order as to maintainability of petition.

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Dated; 1^st February 2023

Syed Sultan Ahmed, Advocate for Petitioner.

Mr. Ghulam Akbar Lashari, Advocate for SBCA.

Ms. Nazia, Advocate for KDA.

Mr. Suneel Talreja, Addl. A.G. Sindh.

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            Learned counsel for the petitioner submits that in view of the comments filed on behalf of the SBCA, it has come on record that the petitioner was raising construction as per approved building plan, therefore, any restraint by the official respondents and the concerned SHO of PS Gulistan-e-Jauhar was illegal act. Learned counsel for the petitioner and learned Addl. A.G. Sindh do not dispute such factual position.

Accordingly, instant Petition stands disposed of with the directions to the respondents to ensure that there shall be no hindrance created by the respondents in the lawful possession and construction of the petitioner, whereas, learned Addl. A.G. Sindh is directed to convey this order to the concerned SHO to ensure compliance of Court’s order. It is, however, clarified that if, any hindrance is created by the official respondents or the concerned SHO, contempt of Court proceedings will be initiated against them by the Court.

J U D G E

J U D G E

*Farhan/PS*