MUHAMMAD HAJRA KHAN Versus GOVERNMENT OF SINDH through Chief Secretary

ORDER

1. C.M.A. No.1710 of 2004 This is a disposed of petition. The listed application under the Contempt of Court Act has been filed by the petitioner on the ground that the order dated 15-1-2004 has not been complied with. On the day, the petition was disposed of Mr. Manzoor Ahmed had made certain statement to compensate the petitioner and in pursuance thereof, vide letter dated 28-8-2004 (placed on record by Mr. Manzoor Ahmed) the petitioner was informed about the terms of compensation. The petitioner filed objection to such decision.

2. Mr. Manzoor Ahmed submitted that the petitioner has no right and title to the property in question. He referred to the counter-affidavit filed by his client which shows that the petitioner failed to deposit Rs.15,810, transfer fee, as directed by the Board of Revenue. He contended that the lease being for 80 years stood already expired on 31-7-1995 and the same was neither extended nor any payment for that purpose was made by the petitioner. Notwithstanding this fact, per Court order and the undertaking given by him in Court, his client agreed to compensate the petitioner as mentioned in the aforesaid letter.

3. We have considered the contentions of the learned counsel and find that the petitioner has no right or title to the said property and he was being compensated by the respondents adequately, therefore, question of any contempt does not arise. It is up to the petitioner to accept the offer or otherwise.

4. Learned counsel for the petitioner submitted that the aforesaid amount be ordered to be paid to the Trust directly. Mr. Manzoor agreed to this proposition. The application is disposed of in the above terms.

5. H.B.T./M-6/K ????????????????????????????????????????????????????????????????????????????????????? Order accordingly.