ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C. P. No. D – 4012 of 2015

C. P. No. D – 3400 of 2016

Date of hearing

Order with signature of Judge

 

Hearing of case (priority)

1.    For orders on office objection at Flag-A

2.    For hearing of CMA No.12831/2015 (I Rule 10)

3.    For hearing of CMA No.1436/2015 (S/A)

4.    For hearing of main case

 

03.09.2018

 

Mr. Mehfooz Ahmed Awan, Advocate for petitioner in CPD-4012/2015.

Mr. Ali Raza Baloch, Advocate for petitioner in CPD-3400/2016.

Mr. Khuda Bux Chohan, Advocate for Sukkur Municipal Corporation.

Mr. Liaquat Ali Shar, Additional Advocate General Sindh.

 

.-.-.-.-.-.-.-.-.-.-

            It is claimed that previously the subject quarter was allotted to Akhtiar Begum. After her sad demise, the legal heirs including her husband continued to occupy the same. On 19.10.2015, the allotment of the subject quarter in favour of Akhtiar Begum, wife of the petitioner was cancelled and it was allotted to one Mukhtiar Ali Shah on 21.10.2015. Since then the petitioner in the connected petition is searching for the possession of the subject quarter. It is claimed that the policy in relation to the occupation of the premised by the legal heirs is silent. The cancellation of the allotment in favour of Akhtiar Begum claimed to be without hearing the petitioner.

            Be that as it may, it is agreed by all counsel in attendance that application of the petitioner, if any, pending before Sukkur Municipal Corporation be decided within one (01) week. It is for petitioner to pursue the application pending before Sukkur Municipal Corporation failing whereof it shall be deemed to be dismissed. In case the petitioner approaches and pursues the application, the competent authority may decide it strictly in accordance with law and the policy in vogue. In case the petitioner remains unsuccessful, it is agreed that on account of failure to vacate the premises, the officials may use police force for its vacation. The interested parties such as petitioner in the connected petition No. D-3400/2016 may also be heard and he may pursue such application on his own. No notice is required to be issued to the petitioners.

            Both petitions along with pending applications stand disposed of.

 

 

 

J U D G E

 

J U D G E

Abdul Basit