| Citation(s) |
|---|
| 1999 SLG 529 1999 SLD 529 1999 SCMR 2550 |
Supreme Court of Pakistan
Civil Petitions Nos. 153-K, 178-K and 264 of 1998, decision dated: 29th April ,1998. (On appeal from the judgment of High Court of Sindh, dated 27-2-1998/10-3-1998 passed in Constitutional Petition No. 160-D of 1998)
SAIDUZZAMAN SIDDIQUI, ACTG. C.J. RAJA AFRASIAB KHAN AND SH. IJAZ NISAR, JJ
Abdul Rahim Kazi, Advocate Supreme Court and Naraindas C. Motiani, Advocate-on-Record (absent) for Petitioners (in C.P. No. 153-K of 1998). Raja Abdul Ghafoor, Advocate-on-Record for
Respondents (in C.P No. 153-K of 1998). Zafar Hadi Shah, Advocate Suprem
Civil Petitions Nos. 153-K, 178-K and 264 of 1998, decision dated: 29th April ,1998. (On appeal from the judgment of High Court of Sindh, dated 27-2-1998/10-3-1998 passed in Constitutional Petition No. 160-D of 1998)
SAIDUZZAMAN SIDDIQUI, ACTG. C.J. RAJA AFRASIAB KHAN AND SH. IJAZ NISAR, JJ
Abdul Rahim Kazi, Advocate Supreme Court and Naraindas C. Motiani, Advocate-on-Record (absent) for Petitioners (in C.P. No. 153-K of 1998). Raja Abdul Ghafoor, Advocate-on-Record for
Respondents (in C.P No. 153-K of 1998). Zafar Hadi Shah, Advocate Suprem
Mst. ZUBAIDA A. SATTAR and others
VS
K.B.C.A. and others
Law:
Section:
Constitution of Pakistan (1973)--Arts. 199 & 185 (3)---Constitutional jurisdiction of High Court under Art.199 of the Constitution----Fax message sent to Chief Justice of High Court complaining illegal construction of buildings in the city----Said fax message was converted into a Constitutional petition by High Court and order was passed directing the Agencies rendering utility service to various buildings in the city to disconnect water, Sui gas and electricity provided. to them----Validity----Leave to appeal was granted by Supreme Court to consider the contentions that such order of the High Court, had affected a large number of buildings in the city whose occupants were condemned unheard, that an order of such magnitude could not have been passed at an interim stage which deprived a large number of people from enjoying the utility services, which they had enjoyed for years together and that the High Court had no jurisdiction under Art. 199 of the Constitution to entertain a request of such kind and to pass an order of such a high magnitude without hearing the affected parties----Proceedings being still pending before the High Court was not yet finally disposed of, Supreme Court declined to stay the proceedings before the High Court----Order passed by the High Court to the extent of direction of disconnection of utility services namely, water supply, Sui gas and electricity energy to the buildings which were subject matter of the petitions would remain suspended and if any action had been taken by the agencies responsible for supply of said utilities of the said buildings, the utilities would be restored immediately upon payment of dues if any. ORDER SAIDUZZAMAN SIDDIQUI, J.---The abovementioned 3 petitions arise from the order, dated 10-3-1998 passed by a learned Division Bench of the High Court of Sindh on a fax message which was received by the Hon'ble Chief Justice of the High Court of Sindh and was converted into a petition under Article 199 of the Constitution of Islamic Republic of Pakistan issuing following direction to various authorities:-- "On his part, Roland De Souza, one of the petitioners, says that the compliance of orders in this…
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