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PLD 2004 Karachi 35

EMIRATES INTERNATIONAL AIRLINES OF U.A.E., KARACHI and 29 otherss vs

CitationPLD 2004 Karachi 35
CourtSindh High Court
Case No.Constitutional Petition No,D-122 of 1998
Date2003-08-21
Judge(s)Ata-ur-Rehman, Syed Ali Aslam Jafri
ResultApplication dismissed

ORDER

1. This application under Contempt of Court Act has been filed by petitioner against the alleged contemners named therein, for violating the Court's order dated 8-5-2001. The operative part of the said order is reproduced hereunder:- "For the foregoing reasons we would declare the demand notices addressed to the petitioner to be without lawful authority and at the same time direct the respondent No,5, which is required to perform its duties in the public interest and within the specified limits of its authority, to disconnect the water supply made to the petitioner without loss of time. Likewise the respondent No,2 is directed to make appropriate arrangements for water supply, and if necessary, approach the respondent No,3 for issuance of a proper notification." It is alleged by the learned counsel for the petitioners that the alleged contemners on 27th May, 2002 came to the site alongwith Rangers and unlawfully disconnected the main sewerage line of their property. The alleged contemner namely Anisur Rehman, Executive Engineer, in his counter-affidavit though admitted that sewerage line has been disconnected yet he denied that while doing so any violation of the Court's order dated 8-5-2001 has been made. We heard the learned counsel and find that the action taken by alleged contempners is not covered by the order dated 8-5-2001 and in our view it cannot be said to have been violated. At best the petitioners may have a fresh cause of action if any illegality has been committed by the alleged contemners and for that the petitioners are at liberty to resort to legal remedies like filing of fresh petition or a civil suit as the case may be, if so advised. The listed application being without merits is dismissed.

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