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Petitioner: AMANULLAH AND Others VS Respondent: RAIS MUHAMMAD BAKHSH AND Other
Court Name: Supreme Court of Pakistan Judge(s): Shahnawaz Khan, Muhammad Haleem, Shafi-ur-Rehman Title: AMANULLAH AND Others vs RAIS MUHAMMAD BAKHSH AND Other Case No.: Civil Appeal No. 45 of 1972 Date of Judgment:1981-10-11 Reported As: 1982 SCMR 64 Result: Appeal allowed
JUDGMENT
JUDGMENT MUHAMMAD HALEEM, ACTG. C.J.-The dispute in this appeal relates to the order of the Lahore High Court dated 27th of September, 1971, confirming status quo earlier granted. Respondents 1 to 4 filed Constitutional Petition No. 346/BWP of 1971 wherein they impugned the legality of the No-Objection Certificate dated 25th of November, 1970, granted to the appellants, for the construction of an open air cinema at Sadiqabad, District Rahim Yar Khan. However, when this constitutional petition was filed, the construction of this open air cinema had been completed which fact was evident even from the parawise comments of the District Magistrate The appellants, thereupon, invoked the. Jurisdiction of this Court through a petition and leave was granted to consider as to whether the order maintaining status quo was granted on correct principles. Further, the order of the High Court w vacated "on the clear understanding that any further construction of the cinema as made by the petitioners, will be at their own risk". Respondents 1 to 4 have not appeared today before the Court to oppose the appeal while the Assistant Advocate-General, Punjab, on behalf of respondents 5 and 6, has stated that he would not also contest it. Inn mullah, one of the appellants, who was present in Court, has stated that the open air cinema is functioning since 1974. As there is no contest, We would allow the appeal bat with no order as to costs.
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