2017 YLRN 256 KARACHI-HIGH-COURT-SINDH

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FAIZ MUHAMMAD VS CIVIL JUDGE AND JUDICIAL MAGISTRATE Ss. 133, 134 & 135---Removal of nuisance---Conditional order by Magistrate--- Show-cause notice---Necessity---Plot in question, situated in residential area was being used as taxi stand and on complaint of inhabitants of the area, Judicial Magistrate ordered eviction of the plot---Validity---Taxi stand was established on the plot without any legal authority---Inhabitants of the area had stated that taxi stand was causing nuisance in the area and that they were facing hardship with regard to their easement rights---Complaint/grievance of inhabitants of the area being about 'unlawful obstruction' and 'physical discomfort of the inhabitants', even a lawful business or trade could not be allowed to continue at the cost of "physical discomfort of the public"---Cognizance was rightly and properly taken by the Magistrate---Section 133, Cr.P.C., nowhere, required issuance of show-cause notice before passing a 'conditional order', as such an order itself was a show-cause notice---Prima facie, applicant, had no locus standi to occupy the plot which was owned by Revenue Authorities---Applicant who was in illegal occupation of plot in question, his application being devoid of merits, was dismissed, in circumstances.