2773/2017 Const. P. Rafique Ahmed (Petitioner) V/S Regional Director & others (Respondent)
Bench: Hon'ble Mr. Justice Muhammad Iqbal Kalhoro, Senior Puisne Judge, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
2773/2017 Const. P. Rafique Ahmed (Petitioner) V/S Regional Director & others (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Iqbal Kalhoro, Senior Puisne Judge, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 28-JAN-19
petitioner, filed an application under Section 3 & 4 of the Contempt of Court)for initiation of contempt proceedings against the alleged contemnor on account of his willful, intentional and deliberate act of disobeying order passed by this Court . Mr. Rafique Ahmed Advocate, who is argued that despite clear directions the contemnors have not complied . respondent No. 4 has filed an application with a prayer to recall the order passed by this Court on the ground that she is owner of Plot and the petitioner who is her neighbor and is raising multistoried (3 storied) construction over his plot without approval of the competent authority i.e. Sindh Building Control Authority; that she has made several representations to the concerned authorities regarding the illegal construction put up by petitioner and has sent several reminders, drawing the attention of the SBCA, to the illegal constructions being put up in breach of the revised plan and the permission granted by the authorities, as well as the statutory provisions of the SBCA regulations-2018. In view of the facts and circumstances of the case and for the reasons all, we are not satisfied with the explanation offered by the alleged contemnors that substantial compliance of the order. Therefore, at this juncture, prima-facie, Petitioner has made out a case for initiating contempt proceedings against the alleged contemnor. Therefore, the office is directed to issue show cause notice under section 17 (1) of the Contempt of Court, why contempt proceedings should not be initiated against them for willful defiance of the order dated order dated 26.06.2018passed by this Court. . Consequently the application CMANo.13080 of 2018 filed by the Respondent No.4 is dismissed