1. ' MRS. YASMIN ABBASEY, J.--- Petition has been presented by petitioner, stating that auction held for 2008-2009 for vegetable market was confirmed in his favour and with the deposit of amount of Rs,1,10,000, an agreement was executed in between him and Taluka Municipal Administration, Gambat, for year, 20082009 commencing from 1-7-2008 to 30-62009 with acceptance of highest bid offered by petitioner and after execution of contract which was confirmed in the meeting presided by TMO, Gambat and chairman auction committee held on 27-5-2008 this contract was finalized. Again by letter dated 21-6-2008 following up with another letter of Acting Taluka Nazim, Gambat dated 10-7-2008 formal possession of vegetable market was handed over to petitioner already in his possession being previous contractor of the said market.
2. ' It is alleged that in spite of all these grants and sanction of auction in favour of petitioner when on 5-7-2008 he approached to respondent No,3 for deposit of first instalment of contract, respondent No,3 refused to accept it, therefore, under protest he deposited it in the account of TMA, Gambat on 5-7-2008 in the National Bank of Pakistan, Gambat Branch. According to petitioner on enquiry he came to know that respondent No,2 wants to accommodate his own person in place of petitioner.
3. After having knowledge of this fact he moved an application to Minister, Local Government.
4. ' On the very next day i.e, 11- 7-2008 respondent No,3 along with his subordinate staff attempted to dispossess petitioner from vegetable market, but could not succeed. Against this illegal act petitioner moved an application to learned District & Sessions Judge, Khairpur, which is pending for disposal, but by letter dated 12-7-2008 respondent No,2 directed petitioner to hand over possession of vegetable market to. TMA, Gambat, who will run the same w.e.f, 12-7-2008.
5. ' Cancellation of contract without any show-cause notice and prior intimation to petitioner, because of political pressure is illegal, hence this petition.
6. ' Notice to all the respondents was served, but inspite of that except respondents Nos.4, 5 and 6 rest of the respondents avoided to file any comments in spite of their presentation through counsel and learned A.A.-G.
7. ' During pendency of matter contempt application was moved by petitioner that in spite of order of this Court dated 17-7-2008 whereby parties were directed to maintain status quo and respondents were restrained to give contract of vegetable market to any other party. Respondents have violated it and petitioner has been illegally dispossessed from vegetable market. Further this petitioner was confined at Police Station Gambat for two hours from 1-30 p.m. To 3-45 p.m. On 19- 7-2008.
8. ' In reply to this application except respondent No,3, S.H.O., Police Station Gambat none has filed any comments in denial of petitioner's allegations. Along with his objection, -S.H.O., Police Station Gambat has placed letter issued by Acting Taluka Nazim addressed to S.H.O., Police Station Gambat stating that TMA, Gambat in obedience of order of Court is not allotting contract of market to any other person, but will collect taxes of vegetable market through its staff. Qurban Ali has no right to interfere in performing official function of TMA, therefore, he should take action to maintain law and order situation at vegetable market, Gambat.
9. ' Whereas conduct of contemnors Nos.1 and 2 reflects that they intentionally are trying to ignore the direction given by this Court and under the garb of status quo tried to dispossess petitioner from vegetable market. Further respondents Nos.1, 2 and 3 also avoided to file any comments in the main petition. However, respondents Nos.4, 5 and 6 in their comments have admitted claim of petitioner and stated that auction of vegetable market was transparent and bid of petitioner being highest one was approved and was also notified by Government of Sindh including previous TMO, Gambat.
10. ' In view of the documents placed on record and admission of respondents Nos.4 to 6 and non- denial of the execution of contract dated 13-6-2008 with the possession of vegetable market to petitioner by rest of respondents, we are of the opinion that the action taken by respondents Nos.2 and 3 of cancelling the agreement dated 13-6-2008 without any show-cause notice and any cogent reason merely on the basis that previous TMO had granted illegal sanction to petitioner is nothing but is based on mala fide intentions.
11. In view of foregoing reasons, we allow this petition and direct respondents to hand over possession of vegetable market, Gambat to petitioner within a period of 15 days from the date of this order.
12. ' With these observations petition stands disposed of.