ORDER SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
C.P. NO.D- 2545/2009
Date Order with signature of Judge
04.3.2010
Mr. Khalid Javed Khan Advocate for the petitioner
Mr. Ashiq Raza D.A.G.
Mr. Raja Muhammad Iqbal, Advocate.
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The only grievance of the petitioner is that though the petitioner has filed an appeal before the Commissioner in Land Revenue (Appeals) and one of the appeals has also been heard and reserved for judgment, the respondent department is pressing for payment of the amount being subject matter of the appeal. It is stated by the Counsel for the petitioner that though the petitioners have applied for interim relief before the Commissioner but due to some ambiguity in law the Commissioner has not passed the order on such application and such fact is not disputed by the Counsel for the respondent. It is admitted position in law that all Tribunals exercising judicial or quasi judicial have the power to grant interim relief where they are entitled to grant ultimate relief in the case. Though Mr. Raja Muhammad Iqbal Counsel for the respondent No.2 states that normally such powers of granting stay is exercised by the Commissioner but it is not done so in the present case and that he does not see as to why this case has been distinguished from the others.
Consequently, we dispose of this petition with direction that until the appeal filed by the petitioner is decided the parties to maintain status quo. The listed application is also disposed off.
Counsel for the petitioner states that such status quo may be continued for further 10 days after decision of the appeal as the petitioner may avail remedy against it. Such position may also be maintained.
J U D G E
Aamir/PS J U D G E