ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT,

HYDERABAD.

                                                C.P.No.D-291 of 2007

DATE         ORDER WITH SIGNATURE OF JUDGE

1. FOR KATCHA PESHI

2. FOR HEARING OF MA NO.1234/2007.

10.11.2009.

            Mr. Bisharat Ahmed Jat Advocate for the petitioner.

Haji Ghulam Muhammad Memon Advocate for respondents.

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Vakalatnama has been filed by Mr. Haji Ghulam Muhammad Memon on behalf of respondent No.3. The grievance of the petitioner is that they have received the notice of hearing of the matter on 09.02.2007 and the authority without hearing the petitioner has decided the matter on 08.02.2007 prior to the date fixed for hearing. The counsel for the respondents states that the decision is based on the report of the commission. Principal amount has been received and the penalty in terms of the Statute comes to Rs.11,34,200/- which was imposed by the decision. He however, does not say that whether the petitioner was heard or not before passing the decision impugned in these proceedings. We, for the aforesaid reasons are of the view to remand the matter. We accordingly allow this petition and remand the matter to the authority to decide the matter afresh on merits after hearing the petitioner within two weeks from the date of communication of this order.

This petition stands disposed of in above terms.

                                                                                                            Judge.

                                                                                    Judge