1. This order would read in conjunction with the other orders passed by the Court in this petition.
2. The petitioner involves a dispute where the respondent No,1 Authority is not entertaining a purported transfer in favour of the petitioner of a plot falling within the limits of such authority on the ground that the transferor is not made available for doing the needful. The authority, apparently, further maintains that the purported transfer papers allegedly executed in 1975 were submitted not earlier than 1990 and, therefore, the procedure adopted by the authority, which is a consistent one, was rightly adopted. From his side, Mr. Mumtaz Ahmed Shaikh, maintains that a power of attorney was executed by the purported transferor, the respondent No,2, in favour of the petitioner's brother and such power of attorney was registered by the Defence Housing Authority.
3. As to this, Mr. Khalid Mehmod says that even at such time the executant of the power of attorney did not present himself in the office of the authority.
4. This petition is pending at the Katcha peshi level since 13-11-1995. In the first place it was found that the petitioner in relation to the address of the respondent No,2 at the outset provided only address of his own brother, namely the attorney purportedly constituted as above. This was highly irregular and the fact was noticed at the time of one of the hearings. Taking a lenient view of the matter, the petitioner was required to provide the address of the alleged transferor himself. Such address was provided but that person has not been served so far. Mr. Shaikh does not even know as to why he has not so far been served. Perusing the record we have found that service could not be effected on him because he was not found at that address and in the process at least three attempts to serve were made.
5. In the circumstances, we can take a serious view of the above but, in the interest of justice, only dismiss the matters are Sr. Nos. 1 and 2 at the same time permitting the petitioner to file a fresh petition as and, when proper address of the respondent No,2 is available.