' List of old cases was sent to the respective members of the Bar with the following note:-- "Old cases will not be adjourned except with prior adjustment and with consent of opposite counsel."
' The learned counsel of the petitioner did not get the case adjusted in the terms of aforesaid note.
It appears that the petitioner is not interested to pursue the matter any more. Instead of dismissing the same. I intend to dispose of the same on merits as per principle laid down by the Hon'ble Supreme Court in case "M. Haleem and others v. H. Muhammad Nasim and others (PLD 1970 SC'
270).
2. The sole grievance of the petitioner which reveals from the contents of writ petition that the respondents initiated proceedings against the petitioner without issuing the notice to him, therefore, action of the respondents is hit by the principle of natural justice.
3. The learned legal. Advisor of the respondents submits that the respondents had initiated proceedings against the petitioner in the administrative capacity, therefore, the question for providing of personal hearing to the petitioner, does not arise.
4. I have given my anxious consideration to the contention of the learned counsel of the respondents and perused the record, after perusing the contents of writ petition. However, in the interest of justice and fair play, let a copy of writ petition be sent to Director Estate Management, LDA who is directed to proceed in the matter after issuing notice to the petitioner and finalize the matter after providing proper hearing to the petitioner preferably within 2 months from today till 29-6-2002. He is further directed to submit his report to the Deputy Registrar (Judicial) of this Court within stipulated period. Learned legal advisor of the respondents is directed to notify the order of this Court to the Director Estate Management, LDA for necessary action and compliance.
5. In C.M. No,1/97 on 17-7-1997, the following order was passed:-- "Notice.---In the meantime, the petitioner's possession shall not be disturbed."
' It is pertinent to mention here that respondents were directed to file report and parawise comments vide order dated 17-7-1997 but the respondents failed to file the same and to file any application for vacation of aforesaid order of this Court. In this view of the matter, the respondents are restrained to dispossess the petitioner from the shop in question till the aforesaid date.
' With these observations, this writ petition is disposed of.