ORDER SHEET.

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C.P.No.D-3820 of 2015.

________________________________________________________________________DATE ORDER WITH SIGNATURE OF JUDGE _______________________________________________________________________

For Katcha Peshi.

For hg. of CMA No.10651/15.

28-10-2015.

Mr. Madad Ali Shah Masumi Advocate for petitioner.

Mr. Noor Hassan Malik Asst. A.G for the State

Mian Mumtaz Rabbani D.A.G.

Mr. Aamir Almani, Assistant Director (F), Water Management, Padidan

@ Naushehro Feroze.

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Through instant petition, the petitioner has impugned order passed by Returning Officer as well as Appellate Authority, whereby nomination paper of respondent No.3, has been accepted.

Learned counsel for the petitioner submits that respondent No.3, was in default in payment of bank dues as he has not filed clearance certificate from State Bank of Pakistan. Per learned counsel the respondent No.3, is also in arrear of Water Management Department, Govt. of Sindh and inspite of that fact two authorities below have accepted his Nomination Paper.

Notices were issued to respondents, pursuant to which, Mr. Najeebullah Jalbani Advocate has filed vakalatnama on behalf of respondent No.3, and raised objection as to maintainability of instant petition on the ground that concurrent finding has been recorded by the authorities below, wherein, it has been held that there is no arrears of payment of Bank dues whereas, there is no arrear in payment of Water Management Department as well, as according to learned counsel the entire amount i.e. Rs.3,52,339/- has already been paid towards arrears of Water Management and receipt in this regard has been issued by the Assistant Director (F), Water Management, copy of such receipt has also been placed on record. The officer concerned namelyAamir Almani, Assistant Director (F), Water Management, Padidan @ Naushehro Feroze, present in Court confirms that above amount has been paid, therefore,no water charges are outstanding against the respondent No.3.

Learned Assti.A.G and D.A.G in view of above factual position, submit that since there is no outstanding amount in respect of utility charges or Bank loan against the respondents No.3, therefore, instant petition may be dismissed and impugned order (s) may be set aside.

We have heard learned counsel for the parties and perused the record. It appears that there is no material available on record to show that there is some outstanding amount against the respondent No.3, in respect of Bank loan, or Water Management charges and any other Utility charges, whereas, there is concurrent finding of two authorities below in this regard. Moreover, the disputed amount of Rs.3,52,339/- as per concerned officer present in Court has also been paid. Prima facie, the impugned order (s) passed by the Returning Officer and the appellate authority do not suffer from any error or illegality. Accordingly, instant petition having no substance is dismissed in limine along with listed applications.

J U D G E

S.Ashfaque