ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C.P No.D-2777 of 2015

Date	Order with signature of Judge

For Katcha Peshi.

04-05-2016

Mr. Shafique Ahmed Laghari, advocate for the petitioner.

Mr. Irshad Hussain Dharejo, advocate for respondents No. 8 to 17.

Mr. Shahariyar Imdad Awan, learned A.A.G.

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Comments have been filed on behalf of official respondents No. 3 and 6 along with annexures, and objections filed by private respondents No. 8 to 17, which are taken on record, copies whereof have been supplied to the learned counsel for the petitioner. In the comments filed by the official respondents, it has been stated that an area which has been pointed out by the petitioner is not reserved for the graveyard. It will be advantageous to reproduce the para No.2 of the comments, which read as follows:-

"As regards the contents of Para No.2 it is narrated that S.No. 212 area 12-27 acres and S.No. 213 area 1-11 acres total area 13-38 acres of deh Izzat Shar Taluka Faiz Ganj is entered in Revenue Record in the name of Government vide entry No. 103 dated 31.03.1985. The land in question is sandy dunes. The grave yard is situated in S.No.213 area 1-11 acres and also some of graves are existing in the western side of S.No.212 and also there are Katcha and Pacca constructed houses in S.No.212. No any area stands reserved for such graveyard and belongs to Government land.

While confronted with above position, learned counsel for the petitioner submits that there are several graves already existing in the area, whereas, the Government has not allocated any land for the graveyard to the people of the village Ali Ganj Shar and its vicinity, therefore, people at large are facing difficulty in this regard and sometimes law and order situation is created. It has been prayed that concerned Deputy Commissioner may be directed to consider the request of the petitioner and the residents of village Ali Ganj Shar, Taluka Faiz Ganj, District Khairpur for allocating an area for the purpose of graveyard.

Learned A.A.G does not oppose such request of the learned counsel for the petitioner.

Accordingly, instant petition is disposed of with the directions to the petitioner that he may approach the Deputy Commissioner Khairpur along with notables of the area, who shall examine the request of the petitioner and people of the village Ali Ganj Shar and if no land so far has been allocated for the purpose of graveyard, some reasonable land may be reserved for such purpose after completing all the codal formalities and seeking approval from the competent authority. It is expected that needful will be done within a reasonable period of time.

Petition stands disposed of in the above terms.

Judge

Judge

Abdul Salam/P.A