KARACHI, Feb 28: A bench of the Sindh High Court, comprising Justice Sarmad Jalal Osmany, on Friday ordered its official assignee to inspect the Sindh food department's godowns and take stock of wheat storage , if any, and to seal them if the godowns were found empty.

The orders came during the hearing of a contempt of court application filed in a suit by the Anwar Trading Company against the Food and Agriculture Department, Sindh.

When the suit came up for hearing, Advocate Abdul Sattar Pirzada, appearing for Anwar Traders, the plaintiff, rebutted the "frustration" pleaded by the AG Sindh on a previous date of hearing and claimed availability of wheat pledged to be sold to the plaintiff under a tender.

Sindh AAG M. Ahmed Pirzada, appearing for the state, disputed the claim by the plaintiff counsel and said the Sindh AG had already categorically stated that no wheat pertaining to the tender was available.

To resolve the controversy that whether the wheat for which tenders were called and accepted was available or not, the bench appointed the official assignee to inspect the godowns in which wheat from the crop of 1999 and 2000 was allegedly stored. The bench asked the OA to seal the godowns if found empty.

The plaintiff maintained that the government floated a tender for the sale of 69,000 tonnes of wheat. The plaintiff's bid of Rs6.8 per kilogram was accepted and a letter of acceptance was also issued.

The plaintiff then approached the food department with pay orders for the release of wheat but no wheat was released, after which an instant suit was filed for specific performance (contract).

The SHC bench on a previous date of hearing directed the defendants to release wheat stock available with them.

As the above orders were not complied with, the plaintiff filed a contempt of court application which was heard on Saturday.

PROPERTY CASE: Justice Mushir Alam of the Sindh High Court issued notices to the advocate-general of Sindh, provincial secretary of the land utilization department and others for March 17 on a lawsuit for injunction about property in Trans-Lyari, Phase-II.

The court also ordered that till then no third party interest was to be created in respect of the suit property.

Plaintiff Imran Abdul Aziz filed a suit for the declaration of injunction in respect of property bearing plot Nos 17 and 18, K-28, Trans-Lyari Phase-II, Hawkesbay, praying the court to restrain the defendants from allotting the property to any third party and issuance of challan for it.- APP/PPI