ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Constitutional Petition No.D-394 of 2010

            Date                             Order with signature of Judge                                         

1. For orders on Misc. No.1574/2010.

2. For orders on Office Objection No.1 a/w reply.

3. For orders on Misc. No.1575/2010.

4. For Katcha Peshi.

5. For orders on Misc. No.1576/2010.

15^th February, 2010.

Mr. Rafiq Ahmed Kalwar, Advocate for the petitioner.

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1.       Granted.

2.       To be complied with within three days.

3.       Granted subject to all just exceptions.

4&5.    It is, inter alia, contended by learned counsel that petitioner society is being run by its Managing Committee and there is no cause of complaint and that through notification dated 13.2.2010, issued by the Secretary to the Government of Sindh, Cooperation Department, Sindh Cooperative Housing Society has been ordered to take charge and control of the affairs of the petitioner society with immediate effect and through another notification of the same date Kamran Ahmed Shaikh son of Khurshid Ahmed has been appointed as Administrator of the petitioner society to perform the duties of Managing Committee.  Learned counsel states that there is no allegation in the two notifications about the mismanagement by its Managing Committee nor in this respect the respondent complied with the requirement of sub-section (1), (2A) of Section 6 of the Sindh Cooperative Housing Authority Ordinance, 1982 as neither any directions were issued nor an order of enquiry was passed nor an opportunity of hearing was provided to the petitioner society. Learned counsel states that action of the respondent, Cooperative Department, in issuing the two notifications is totally illegal.

          Issue notice to respondents as well as Advocate General, Sindh for 25^th February 2010 till then operation of the two impugned notifications is suspended.

J U D G E

J U D G E

Aamir/PS