| Citation(s) |
|---|
| 2004 SLG 2705 2004 SLD 2705 2004 PLD 60 |
Sindh High Court
Constitutional Petition No. 2298 of 2001, decided on 16th September, 2003
SABIHUDDIN AHMED AND S. ALI ASLAM, JAFRI, JJ
Muhammad Amin Lakhani for Petitioner. Manzoor Ahmad for
Respondents Nos.1 and 2. Muhammad Ashraff Kazi for alleged Contemnor Zubair Ahmad Mughal.
Constitutional Petition No. 2298 of 2001, decided on 16th September, 2003
SABIHUDDIN AHMED AND S. ALI ASLAM, JAFRI, JJ
Muhammad Amin Lakhani for Petitioner. Manzoor Ahmad for
Respondents Nos.1 and 2. Muhammad Ashraff Kazi for alleged Contemnor Zubair Ahmad Mughal.
NADIR KHAN
VS
TOWN OFFICER (MUNICIPAL REGULATION), SHAH FAISAL COLONY, Karachi and another
Law:
Section:
(a) Oath--- ---- Statement on oath---Effect---Such statement is required to be given effect to unless rebutted by a statement on oath. (b) Natural justice, principles of--- ----Passing of order without giving opportunity of hearing---Principles--Owing to urgency, an initial order, which is not completely destructive of the. affected person's rights, may be passed without hearing him--Principles of natural justice stand fulfilled if the affected person is heard afterwards and the original position can be restored. (c) Sindh Public Property (Removal of Encroachments) Act (V of 1975)----- ----Ss. 3, 4 & 5---Removal of encroachment order---Compliance---Taking of forcible action---Scope---Such action by way of demolition or ejectment can only take place after expiry of seven days from the service, of order when no review petition is preferred and in case such petition is made then after dismissal of the petition. (d) Constitution of Pakistan (1973)--- ----Art. 204---Contempt of Court---Jurisdiction of High Court---Settling of private dispute---Applicant did not file affidavit-in-rejoinder for the reasons that there was possibility of compromise between the parties--Validity---High Court appreciated amicable settlement of dispute but contempt jurisdiction of High Court could not be exercised for settling private scores---Application was dismissed in circumstances. ORDER 1. Granted. 2 & 3. Both these applications are submitted on behalf of respondent No. 1. In the first it is prayed that appropriate directions be given for demarcation of the plot claimed by the petitioner and in the second the Board of Revenue, Sindh has been sought to be impleaded so that relevant record is placed before the Court and question of title to the plot is decided. We are afraid we would not be inclined to enter into the controversies regarding ownership of property while exercising contempt jurisdiction. Both these are therefore, dismissed. 4 & 5. In view of the order at Serial No.6 no orders are required. 6. Through this application the petitioner has prayed that proceedings for contempt be initiated against the respondent No.1 on the around that he demolished the building…
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