HYDERABAD, July 20: Justice Azizullah M. Memon of the Sindh High Court, Hyderabad Circuit Bench, here on Tuesday issued notice to District Officer (revenue) Farooq Leghari on a contempt of court application.
The application had been jointly filed by Hameeda Bibi and Waheeda Bibi, the mother-in-law and wife of former provincial minister Syed Mohsin Shah Bukhari, respectively. The matter pertains to a controversy over title of land, involving applicants and respondents, Syed Hassan Shah and others including the revenue official.
The applicants said that they were real and lawful owners of land in question and the dispute over title of said land between petitioners and Hassan Shah was pending adjudication before the senior civil judge of Tando Muhammad Khan.
They said that Hassan Shah moved an application under The Land Revenue Act 1967 to the DO for their ejection from the land. They said that apprehending illegal ejection by the revenue authorities, they had filed a petition praying the court to restrain the respondents from ejecting them till question of title was decided.
After the petition was filed, the DO passed an order, observing that question of title of land was subjudice, therefore, no action was justified at this stage, and the statement was taken on record by the court.
However, the applicants said that in violation of his own decision, the DO later passed an eviction order on Dec 19, 2003 directing them to vacate the land within seven days.
Their counsel argued that the alleged contemnor had wilfully disregarded clear directives of the court as well as his own undertaking recorded by the court. He prayed the SHC judge to direct the DO to withdraw the eviction notice. The matter has been fixed for July 28.
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