1. SABIHUDDIN AHMED, J.--- The petitioners who are tenants in respect of House No,F-13/1, Block F, North Nazimabad, Karachi, and are running a school therein, appear to be aggrieved by notice from the respondent, dated 31-12-2003 (hereinafter mentioned the impugned notice) alleging that they are unauthorisedly running the school on residential premises and requiring them, in standard form, inter alia, to vacate the premises at the risk of summary eviction remove unauthorized structure at the risk of demolition under section 7-A of the Sindh Buildings Control Ordinance and to explain why they should not be prosecuted for violation of Sindh Buildings Control Ordinance.
2. Since Mr. Shahid Jameeluddin has already appeared for the respondent in response to pre- admission notice, we decided with the consent of both learned counsel to hear and dispose of this petition along with C.P. 1243 of 2003 involving similar questions.
3. At the outset Mr. Shahid Jameeluddin, learned counsel for the respondent, candidly conceded that the power to cause summary eviction or demolish the building in the given circumstances did not vest in the respondent and explained that the impugned notice was served in standard form and the concerned officer omitted to score out the provisions which were not applicable. Nevertheless, the respondent was only interested in prosecuting the petitioner for alleged violation of provisions of section 6(3) of the Ordinance in exercise of powers available under section 19 of the Sindh Buildings Control Ordinance.
4. In view of the above undertaking we are of the view that in case prosecution is eventually undertaken, the petitioner will always have an opportunity to take up all defences available in law including the scope of powers available under section 19 in the given circumstances.
5. In view of the above undertaking which is taken on record, Mr. Khalid Javed does not press this petition which is disposed of as such along with listed application.