ORDER
SHEET
IN THE
HIGH COURT OF SINDH BENCH AT SUKKUR
C. P. No. D – 1723 of 2018
Date of hearing |
Order with signature
of Judge |
1.
For hearing of CMA No.8888/2018
2.
For hearing of main case
30.10.2018
Mr.
Nisar Ahmed Bhanbhro advocate for petitioners.
Mr.
Ahmed Ali Shahani Assistant Advocate General Sindh.
.................
It is
the case of learned counsel for the petitioner that the original allottee is petitioner No.1 and along with him his maternal
uncle / petitioner No.2 was residing with him when a notice of vacation was
served upon petitioner No.2. Both the petitioners have impugned the aforesaid
letter dated 09.10.2018 that the respondents may be restrained from taking
action in pursuance of the aforesaid impugned notice. It is the case of the
petitioner No.1 that the petitioner No.2 is not only his maternal uncle but
also his father-in-law and rent is being deducted from his salary. Learned AAG appearing for the official respondents has informed
that in pursuance of the orders passed in several other petitions including C.
P. No. D – 916/2017 not only the possession of the subject quarter was resumed
but also an FIR was lodged against the unauthorized / illegal
occupants. Learned counsel for the petitioner submits that the action was taken
subsequent to the filing of the petition which is only a mala fide act. Without
commenting upon such contention, as it is a disputed question of fact, since
the impugned notice has already been complied by the officials as the
possession has been resumed, the petition has virtually become infructuous. In case
the original allottee / petitioner No.1 as is being considered
by learned counsel for the petitioner, is aggrieved of the action of resuming
the possession of the subject quarter, he may pursue his remedy as he deem fit
and proper under the law which shall be considered in accordance with law and
shall be decided in reasonable time since his goods and other daily use
articles are lying in the premises.
Petition and listed
application stand disposed of in the above terms.
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J U D G E
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J U D G E
N.M.