ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-2460 of 2023

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.11823/2023 (Urgent).

2. For order on CMA No.11824/2023 (Exemption).

3. For order on CMA No.11825/2023 (Stay).

4. For hearing of main case.

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Dated; 19^th May 2023

Qazi Umair Ali, Advocate for Petitioner.

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1. Urgency granted.

2. Exemption granted subject to all just exceptions.

3&4. Through instant Constitutional Petition, the petitioner has impugned ejectment notice dated 15.05.2023 issued by the respondents under section 7-A of the SBCO-1979/82 (amended upto date) in compliance of the order dated 08.04.2021 passed by the Hon’ble Supreme Court of Pakistan in C.P. No.9 of 2010 regarding illegal marriage halls/banquets, whereas, according to learned counsel for the petitioner, there is no mention of the property of the petitioner/marriage hall, which is constructed on a commercial plot on a declared commercial road, whereas, all the approvals from the relevant authorities with regard to the construction and running marriage hall have already been obtained, however, the respondents with malafide intention are issuing cyclostyle impugned ejectment notice to the marriage halls/banquets to create harassment with malafide intention without referring to the record and there is apprehension that respondents may take adverse action against the petitioner, including demolition of marriage hall of the petitioner in violation of law. According to learned counsel for the petitioner, under similar circumstances a Constitutional Petition bearing No.D-2379/2023 filed by another owner of the marriage hall, whereby, the learned Divisional Bench of this Court has been pleased to suspend the operation of the impugned ejectment notice and the respondents have been restrained from taking any adverse action against the petitioner, including demolition of marriage hall of the petitioner. In support of his contention, learned counsel for the petitioner has placed on record a copy of order dated 16.05.2023 passed by this Court in the aforesaid 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 25.05.2023, when instant petition may be taken up alongwith C.P. No.D-2379/2023, whereas, reply/comments, if any, shall be filed with advance copy to the learned counsel for petitioner. In the meanwhile, the operation of the impugned ejectment notice dated 15.05.2023 shall remain suspended, whereas, the respondents are restrained from taking any adverse action against the petitioner, including demolition of marriage hall of the petitioner, till next date of hearing.

J U D G E

*Farhan/PS*