ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-2576 of 2023

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

FRESH CASE:

1. For order on CMA No.12393/2023 (Urgent).

2. For order on CMA No.12394/2023 (Exemption).

3. For order on CMA No.12395/2023 (Stay).

4. For hearing of main case.

-----------

Dated; 24^th May 2023

Syeda Sara Kanwal, Advocate for Petitioners.

-*-*-*-*-*-

1. Urgency granted.

2. Exemption granted subject to all just exceptions.

3&4. Through instant Constitutional Petition, the petitioner has impugned final show-cause notice dated 10.05.2023 issued by the Deputy Director, District Central SBCA, while referring to Section 7-A of the SBCO-1979/82 (amended upto date), whereby, the petitioner has been threatened to vacate the said premises within seven days, failing which, ejectment proceeding will be initiated and the construction thereon will be removed on the allegation that the petitioner has converted the residential plot into commercial, hence misusing the plot and running marriage hall/banquet in violation of law. It has been contended by the learned counsel for the petitioner that the subject plot of the petitioner is situated on 200’ feet wide road, whereas, it is by birth commercial plot, on which after taking necessary approval petitioner has been running marriage hall/banquet since 2008 and no notice whatsoever has ever been issued by the SBCA to the petitioner for any violation. According to learned counsel for the petitioner, the SBCA has abruptly issued notice without providing any opportunity of being heard to the petitioner and intend to demolish the subject marriage hall/banquet of the petitioner while referring the order dated 08.04.2021 passed by the Hon’ble Supreme Court of Pakistan in C.P. No.9 of 2010, which is not attracted to the facts and circumstances of the instant case. It has been further contended by the learned counsel that under similar circumstances, this Court has been pleased to pass restraining order on 19.03.2023 passed in C.P. No.D-2476/2023 filed by another petitioner [Re: Abdul Rauf and another v. Sindh Building Control Authority and others], copy of which has already been placed on record as Annexure P/5 at page 25 to 31 of instant petition.

Let pre-admission notices be issued to the respondents as well as to the Advocate-General, Sindh, to be served through first three modes, for 01.06.2023, when instant petition may be taken up alongwith C.P. No.D-2476/2023, whereas, reply/comments, if any, shall be filed with advance copy to the learned counsel for petitioner. However, till the next date of hearing, respondents may not take any adverse action against the petitioner, including demolition of marriage hall/banquet of the petitioner pursuant to the final show-cause notice, as referred to hereinabove.

J U D G E

*Farhan/PS*