| Citation(s) |
|---|
| 1980 SLG 2190 1980 SLD 2190 = 1980 PLD 486 |
Constitutional Petition No. D-2161 of 1979, heard on 4th May 1980.
before Zaffar Hussain Mirza and Tanzilur Rehman, JJ
S. Ansar Husain for Petitioners. Mirza Yaqoob Beg for
Respondent No. 1, M. Jamil for
Respondent No. 2.
M. A. QADAR FAROOQUI AND 2 OTHERS-Petitioners
VERSUS
THE MASTER PLAN DEPARTMENT AND ANOTHER-Respondents
Law: Sindh Building Control Ordinance, 1979
Section: 11 (2) , 7
JUDGMENT
TANZILUR REHMAN, J.-The case of the petitioners is that they are the tenants of respondent No. 2 of Shops Nos. 1, 2 and 3 situate on Plot No. CI52, Block No. 17, Federal `B' Area, Karachi, since 1967-68. The dispute arose when the respondent No. 2 wanted to take possession of the shops forcibly which led the Chowkidar of the petitioners to file a report on 30 7-1979 against the same in. police station under section 448, P. P. C. The respondent No. 2, having failed to get the petitioners evicted from the shops in question, was successful in collusion with respondent No. 1 in getting the notice dated 9-12-1979 and the, order 1712-1979 issued from the Master Plan Department of the Karachi Development Authority, an Authority appointed under section 4 of the Sind Building Control Ordinance, 1979. This notice and the order have been assailed in this petition.