' MUHAMMAD AKHTAR SHABBIR, J.---Facts, in brief, are that the petitioner as owner is residing with her family in House No,97-G, Gulberg-III, Lahore and adjacent to the said house of the petitioner, the property House No,97-G(A), Gulberg-III Lahore belongs to respondent No,3 who had rented out this residential property to respondent No,4 for running a school . Respondent No,4 in the month of April had advertised through banners for admission/enrollment in the school in the name and style as 'Star Campus'. These banners were put on the main boulevard road which runs across G/H Block in the locality. The petitioner objected strongly to the use of residential premises as school and approached respondent No,1, raising serious legal objection to the running of school on a variety of grounds and giving convincing reasons, praying for stopping opening of school by respondent No,4.
2. The complaint filed by the petitioner before respondent No,1 was forward to respondent No,2 for necessary legal action under the law and respondent No,2 lodged a complaint before the Senior Special Magistrate (LDA)/respondent No,2-A under sections 33, 34 and 38 of the Act, 1975 against respondent No,3.
3. The grievance of the petitioner is that no action has been taken as yet by respondent No,2-A against respondents Nos.3 and 4.
4. Learned counsel for the petitioner vehemently argued that without conversion of residential property into commercial category, it cannot be used for any other purpose and that there is no sanction accorded by the LDA authorities to respondent No,3 for conversion of said property into commercial.
5. Learned Legal Advisor of respondent No,2, when confronted, submitted that it is true that LDA has not accorded any sanction to respondent No,3 as yet. Learned counsel for respondent No,3 has also stated that his application for conversion of the property into nonresidential premises has not been processed by the LDA. Learned counsel for respondent No,4 has placed on record a copy of summons issued by the Magistrate/respondent No,2-A against the owners and occupants/Principal of. Education School, directing them to appear before him on 14-7-2003. It means that the Magistrate/respondent No,2-A seized of the matter and initiated proceedings against the delinquents for violating the law. Respondent No,4 has also not denied to use the premises in question as school and taken the stand that application of respondent No,3/owner of the house has not been finalized by the LDA and there is no fault of respondents in this behalf.
6. From the circumstances discussed above, it is proved that respondent No,4 is utilizing the premises in question for commercial purpose in violation of Building Regulations of LDA and the complaint against respondents Nos.3 and 4 is pending adjudication before Special Magistrate/respondent No,2-A. It is also admitted position that the application of respondents Nos.3 and 4 is pending before LDA authorities which has not been disposed of as yet finally Learned counsel for respondents Nos.3 and 4 also admitted that classes in school have not started and only admission is open.
7. The petitioner is also justified in claiming that the property in dispute should not be used as non- residential premises unless a valid permission is accorded in this regard by the authority.
8. Keeping in view the above-referred circumstances of the case, this writ petition is disposed of with a direction to LDA authority/respondent No,1 to dispose of the application of respondent No,3 fairly, justly honestly and in accordance with law as expeditiously as possible but not latter than 30-days from the receipt of this order and respondents Nos.2-A/Magistrate is also directed to conclude the trial of the complainant against respondents Nos.3 and 4 either directly or indirectly within thirty days. Till the final disposal of the application of respondent No,3 by the LDA authority and the conclusion of the trial of complaint by respondent No,2-A the house No,97-G-A situated in Gulberg-III Lahore, shall not be used for non-residential purposes.