ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD

C.P.No.D- 1190  of 2010

DATE                                     ORDER WITH SIGNATURE OF JUDGE

            For Katcha Peshi.

03.09.2010

Mr. Zahid Mallah, Advocate for petitioners.

Mr. Mumtaz Alam Leghari, Additional A.G a/w Ali Akbar Nizamani, DDO (Revenue) Sanghar and SIP Mehmood Hussain Bhatti, SHO PS Sanghar.

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Through this petition, the petitioners have prayed as under:-

(a) That this Honourable Court may be pleased to direct the Respondents not to harass the petitioners and not close the hotels of petitioners which are exempted under Ehtram-e-Ramzan Ordinance, 1981.

(b) That this Honourable Court may be pleased to prohibit and restrain the Respondent No.8 not to interfere in the peaceful business of the Hotel/Restaurant running by petitioners during the holy month of Ramzan and also impose fine against him.

(c) Any other relief which this Honourable Court deems fit and proper may please be awarded to the petitioners.

            Comments have been filed by official Respondents. Perusal of the comments reveals that hotels of the petitioners are not situated within the area as contemplated under Section 5 of Ehtram-e-Ramzan Ordinance. Learned Assistant A.G has also placed on record the copy of order dated 10.9.2008 passed by this Court in C.P.No.D-407 of 2007. The operative part of the said order reveals as follows:-

“However in view of clear statement given by the D.D.O (Revenue) Sanghar, we are not inclined to hold hat the hotel of the Petitioner is situated within the premises of said bus stop. In the given circumstances, the Petitioner can not claim any benefit under the provisions of Ehram-e-Ramzan Ordinance, 1981.

            Accordingly, the petition is dismissed in limine.”

            In view of above this petition being devoid of merits is hereby dismissed. 

JUDGE

                                                JUDGE

Tufail