KARACHI: A two-member bench, headed by Justice Muhammad Junaid Ghaffar and Justice Agha Faisal directed high officials of Sindh Revenue Board to abide by the directions to conduct themselves in accordance with law and provide opportunity of hearing to the Petitioners (Coca-Cola Export Corporation) regarding a show cause notice.
On 5 March 2021, during the hearing, Mansoor Usman Awan Advocate for Petitioner, Jawad Dero Additional Advocate General Sindh, Shamshad Ahmed Narejo Advocate for SRB and others appeared before the court and made their arguments, after the final arguments, court dismissed constitutional petitions and observed in its order that “learned Counsel appearing on behalf of SRB in C. P. No. D6192/2018 referred to the two orders and to the fact that these very Petitions have been entertained with specific objections as to maintainability, whereas, there are no restraining orders as such which could be an impediment in finally deciding and adjudicating the impugned Show Cause Notices.
However, according to him on its own and in respect of the orders passed by this Court as above, SRB has not finally passed any orders pursuant to the Show Cause Notices, whereas, subsequently, the Petitioner filed another petition bearing CP No.7527/2018 and obtained some restraining order without disclosure of complete facts.
While confronted, learned Counsel for the Petitioner has though made an effort to take us to the merits of the case; however, after going through the above orders, we are not inclined to entertain these Petitions any further, and on merits, inasmuch as since inception there are no restraining orders in favour of the Petitioner, whereas, in our considered view, the proceedings ought to have been finalized by SRB but for one reason or the other, and for the fact that these Petitions were being fixed along with C. P. No. D-7527/2018 filed subsequently by the same Petitioner, wherein, specific restraining orders were operating, the matters could not be decided.
Accordingly, in our considered view, these Petitions are not maintainable for the above reason as noted in orders dated 31.08.2018 and 18.09.2018 and for the fact that Show Cause Notice had been impugned, whereas, the Petitioner had failed to obtain any ad-interim orders for restraining SRB from finally deciding the matter, all these Petitions are dismissed; however, SRB shall abide by the directions to conduct themselves in accordance with law and provide opportunity of hearing to the Petitioners”.
