ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P. No. D- 243 of 2009

DATE         ORDER WITH SIGNATURE OF JUDGE

1. For Katcha Peshi

2. For hearing of M.A 1072/09

09.03.2010.

Mr. Muhammad Arshad S. Pathan, Advocate for the Petitioner.

Mr. Rafique Ahmed, Advocate for Respondent No.1.

Mr. Muhammad Ali Shaikh, D.A.G.

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          Admittedly the Respondent No.1 has granted permission to the Petitioner to carry out repairs of the property in question however, subsequently such permission for repair was withdrawn. The withdrawal was without notice or hearing. It is now said that the permission has been withdrawn for the reasons that certain co-owners have raised objection to such permission. However, in the letter dated 21.1.2009, whereby the permission was withdrawn, no such reason has been assigned.

          In the circumstances, we would direct the Respondents in the first instance to issue notice to the Petitioner and provide him an opportunity of hearing and then pass appropriate order strictly in accordance with law. The order should be explicit, categorical and in strict compliance of law.

          The petition along with pending application(s) stands disposed of in the foregoing terms.  

                                                                             JUDGE

            JUDGE