ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P. No.D-766 of 2014.

DATE ORDER WITH SIGNATURE OF JUDGE

For katcha peshi.

23.04-2015.

Petitioner is present in person, but his counsel is called absent.

Mr. Anwar H. Ansari, State Counsel.

Rafique Khan, Legal Adviser Hyderabad Municipal Corporation, Hyderabad (representing respondents No.1 to 4).

The petitioner argued that he is tenant in shops No.1 to 8, situated at Qilla Gosht Market, Hyderabad, which were rented out by Taluka Municipal Administration City, Hyderabad. It is further stated that he is also paying rent for the said shops on monthly basis (few receipts of the rent are attached with the petition). He moved an application for permission to raise construction/repair/alter the said shops and he was granted N.O.C. on 04.07.2012, which is also attached with the petition. The grievance of the petitioner is that when he started repair work respondents visited the site and stopped him from raising any construction or repair work. Perusal of N.O.C. dated 04.07.2012, issued by the Municipal Commissioner, H.M.C. Hyderabad shows that the petitioner was allowed to raise construction in the shops according to his need and market requirement.

The petitioner has prayed that directions be issued to the respondents not to cause any harassment to him. Today, Rafique Khan, Legal Adviser Hyderabad Municipal Corporation, Hyderabad (representing respondents No.1 to 4) is present and he submits that no harassment has been caused to the petitioner. Similar comments have been filed by respondent No.5 that he never harassed the petitioner and the allegations against him are false. The Legal Adviser H.M.C. Hyderabad further stated that the petitioner may undertake the construction or repair work strictly in accordance with the N.O.C. issued by the Municipal Commissioner, H.M.C. Hyderabad on 04.07.2012 and if any deviation is found then the respondents will take action strictly in accordance with law. The petitioner is satisfied with this statement. Consequently, the petition is disposed of in the above terms.

JUDGE