' AJMAL MIAN, J.-- This petition is directed against the order, dated 18-11-1982 issued by respondent No, 2 under section 7-A of the Sind Building Control Ordinance, 1979. The case has a chequered history of litigation culminating in the passing of order, dated 4-3-1978 by the Hon'ble Supreme Court, where the order, dated 8-5-1965 passed by the Additional Settlement Commissioner and the demarcation order, dated 30th June, 1965 passed by the Deputy Settlement Commissioner of apportioning open space measuring 343 sq. yards of the building in question (bearing No, RB- 9/21/1) between deceased petitioner No, 2 who was the transferee of the ground floor of the said building and one Iqbal Ahmad (who is not represented by respondents Nos. 3 to 10) the transferee of the upper floor of the above building were maintained. It may be stated that on the portion which has been allocated to lqbal Ahmed, deceased petitioner No, 23 had constructed 17 shops in addition to the 10 Shops constructed by her on the portion of open space assigned to her. In the judgment passed in L.P.A. No, 32 of 1971 against which the petition for leave was dismissed by the aforesaid order, dated 8-5-1965 by the Supreme Court, it was inter alia observed that deceased petitioner No, 23 had no right to construct the shops on the open space.
2. The present petition has been filed by the deceased petitioner No, 23 and petitioners 1 to 2 who are the tenant of the shops. It is an admitted position that the petitioners Nos. 1 to 22's representation against the impugned order is pending before the Controller of Buildings. It may be observed that in terms of section 16 of Sind Buildings Control Ordinance, 1979, an appeal is competent and not a representation and therefore since the above representation was filed within 30 days as provided under section 16, it is in fact an appeal. We are, therefore, not inclined to exercise writ jurisdiction particularly in view of the pendency of the above appeal. The petition is, therefore, dismissed with no orders as to costs. Moreover respondent No, 1 is directed to decide the above appeal within three months from the date of receipt of copy of this order and till the decision of the appeal, no action in pursuance of the impugned order be taken.