P L D 2010 Quetta 70 (PLP)

This Contempt Application has been filed by the petitioner alleging that respondent No.1 in violation of the judgment dated 22-6-2000 passed in Constitutional Petition No.128 of 2000 has taken possession of the shop and one room situated on top of the said shop bearing Khasra No.367, Khewat and Khatoni No.14/14, measuring 165 square feet, situated in Mohal and Mouza Ward No.24, Tappa Urban Tehsil and District Quetta on Fatima Jinnah Road, Quetta (hereinafter referred to as "premises"). The operative part of judgment passed in Constitutional Petition No.128 of 2000 is reproduced herein under: "Consequently the notice is discharged and the petition is dismissed. The IP/SHO Police Station City Quetta is however directed to keep constant watch in respect of the shop in question and no one should be allowed to use, utilize and occupy the same till the arrival of the legal heirs of the deceased or determination of the title of the same by competent Court as the case may be. The petition stands disposed of accordingly."

2. Learned counsel for applicant states that respondent No.1 was former wife of one Muhammad Amiruddin, who before his death had divorced her and as such respondent No.1 was not his legal heir and therefore, had no right to occupy the said premises. Learned counsel for the applicant further states that this position was confirmed by the aforesaid judgment and by judgment in R.F.A. No.61 of 2002, appeal against whereof was also dismissed by honourable Supreme Court. Learned counsel for the petitioner states that the legal heirs of late Muhammad Amiruddin have as yet not been traced out. However, in view of the fact that the respondent No.1 has managed to obtain possession of the premises illegally and in violation of this Court's judgment contempt action should be initiated.

3. On the other hand learned counsel for the respondent No.1 states that the contempt application is not maintainable as the petitioner has no locus standi, nor any right or interest in the said premises nor he is the legal heir of the late Muhammad Amiruddin. Learned counsel further states, that matter of contempt is a matter between the Court and the alleged contemner and prays that no action in this regard be taken as the respondent No.1 is an old lady of about seventy years of age and looks after a mentally challenged son. He further states that the said judgment had not restrained respondent No.1 from occupying the said premises and the direction was issued to S.H.O. to keep the said shop vacant. He further states that if any legal heir was to approach and upon his/her verification the respondent No.1 would vacant the premises. It is also alleged that the applicant wants to gain possession of the premises himself.

4. Learned Additional A.-G. also opposes initiation of contempt on the ground that the applicant has no locus standi. He further states that in respect of unclaimed properties the State is the owner and admittedly as yet the property has not been claimed by any person. He submits that it is obligation of the State to provide shelter to shelterless persons particularly in the instant case where the person is an old lady, who has to take care of a mentally challenged son. He therefore, has no objection for the widow and for her mentally challenged son to continue to live in the-premises provided the respondent No.1 does not sell, transfer and or alienate the said premises and the property should be surrendered to the State through Collector Quetta when she leaves. Learned counsel for respondent No.1 undertakes on behalf of the respondent No.1, who is also present in Court, that she will not sell, transfer and or alienate the said premises and if any legal heirs of the late Muhammad Amiruddin appear on the scene she will hand over the property to them after proper verification and subject to any arrangement which may be made with such legal heirs.

5. If any contempt is committed of the order or judgment of a Court and the same does not impinge on the right or interest of any other persons the court has the discretion whether to initiate any action for contempt. In the peculiar facts and circumstances of this case the fact that learned Additional A.G. has opposed initiation of such action and in view of the undertaking that has been given we are not inclined to initiate any action for contempt. The principles of policy in the Constitution require promotion of well-being of the people, which includes providing basic necessities of life to those unable to earn their livelihood on account of infirmity, sickness or unemployment. Providing an abode and means to earn a livelihood to an aged lady and her mentally challenged son promotes social and economic well-being. The keen interest shown by the applicant in the premises has not been explained. Accordingly, this application is disposed of in the following terms:-- (1) The respondent No.1 and her mentally challenged son be permitted to retain possession of the premises till the arrival of any legal heir of the late Muhammad Amiruddin. (2) The respondent No.1 and anyone claiming through or under her shall not sell, transfer and or alienate the premises. (3) If the respondent No.1 vacates the premises the same shall be taken over by the State, through Deputy Commissioner/ Collector. The aforesaid disposes of the contempt application. However, as this matter has brought to light certain important matters to light we direct Secretary Social Welfare, Senior Member Board of Revenue and Collector to disclose the following:- (1) The number of properties that have come to the State on account of there being no owner of the same. (2) The use to which the aforesaid properties have been put. (3) What, if any arrangements have been made for widows and mentally challenged person who have no means of support. The information in respect of (1) and (2) to be provided by Senior Member Board of Revenue and Collector and in respect of (3) by Secretary Social Welfare. The relevant law on the subject may also be cited. Office is directed to send copy of this order to Deputy Commissioner/Collector, Quetta, Senior Member Board of Revenue and Secretary Social Welfare for information and compliance. Copy be also sent to learned A.-G. H.B.T./80/Q???????????????????????????????????????????????????????????????????????????????????????? Order accordingly.