ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cons. Petition No.D-83 of 2016

______________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE ______________________________________________________________________

1. For order on CMA 372/16(U/A)

2. For order on CMA 206/16(Ex.A)

3. For Katcha Peshi.

13-01-2016.

Mr.Ferozeuddin N.Shaiklh Advocate for petitioner.

Mr. Zulifqar Ali Jatoi D.P.G.

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1. Granted.

2. Granted subject to all just exceptions.

3. Learned counsel for the petitioner does not press the instant petition and

submits that petitioner will seek remedy by filing Constitutional Petition before the Honourable High Court at principal seat against the call-up notice under section 19 read with 27 of NAB ,1999.

Accordingly the instant petition is dismissed as not pressed.

J U D G E

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cons. Petition No.D-3444 of 2014

______________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE ______________________________________________________________________

1. For order on O/Objection at Flag ‘A’

2. For Katcha Peshi

3. For hearing of CMA No. 11706/2014 (Stay)

21-12-2015.

Mr. Muhammad Arif Malik Advocate along with petitioners.

Mr. Zulifqar Ali Sangi A.A.G a/w SIP Abdul Munaim S.H.O P.S Bhiria, SIP Muneer Ahmed of P.S. Tharoo Shah, SIP Muhammad Sulleman of P.S Darya Khan Marri, SIP Abdul Shakoor of P.S Kandiyaro and ASI Ameer Bux Mangi Investigating Officer of Crime No.122/2014 of P.S. Tharoo Shah.

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Pursuant to the Court notices, SIP Abdul Munaim S.H.O of P.S Bhiria, SIP Muneer Ahmed of P.S. Tharoo Shah, SIP Muhammad Sulleman of P.S Darya Khan Marri, SIP Abdul Shakoor of P.S Kandiyaro and ASI Ameer Bux Mangi, the Investigating Officer of crime No. 122/2014 under Section 380, 120-B PPC at Police Station Tharoo Shah have shown appearance and filed comments, and submit that final report under section 173 Cr.PC for disposal of aforesaid F.I.R in ‘C’ class has already been submitted before the concerned Magistrate after approval from concerned authority, however, in view of pendency of this petition order has not been passed thereon. Comments have also been filed on behalf of respondents No.2, 3, 5, 6 and 9 which are taken on record, copies of the same have been supplied to the learned counsel for petitioner. Private respondents (complainant) present along with their counsel do not controvert such fact. Learned Counsel for the petitioners submits that since the police has already submitted final report for disposal of above F.I.R in ‘C’ Class before the concerned Magistrate therefore, the petitioners will not press this petition. However requests that concerned Magistrate be directed to pass order on the report submitted by police for disposal of aforesaid F.I.R in ‘C’ Class, whereafter, compliance report may be submitted before this Court. Learned Counsel further requests that concerned police may also be directed to provide protection to the petitioners in respect of their free will marriage and private respondents may be restrained from causing any harassment to them.

Accordingly, instant petition is disposed of with directions to Investigating officer present in Court to intimate order of this Court to concerned Magistrate in respect of F.I.R No.122/2014 registered at P.S. Tharoo Shah, for its disposal in ‘C’ Class, who shall pass appropriate order, and compliance report shall be submitted to this Court through Additional Registrar within one week. Concerned Police is also directed to provide protection to the petitioners in respect of their freewill marriage and to ensure that no harassment may be caused to them.

Petition stands disposed of along with listed application in above terms.

J U D G E

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cons. Petition No.D-3350 of 2014

______________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE ______________________________________________________________________

4. For katcha Peshi

5. For hearing of CMA No.11829/2014 (Stay)

21-12-2015.

Mr. Zulifqar Ali Sangi Advocate for petitioner.

Mr. Liaquat Ali Shar Additional A.G a/w Liaquat Ali Khaskheli District Education Officer (Primary) Khairpur

-------------

Pursuant to the Court notices, the respondent No.3 present and files comments which are taken on record, copy of which along with annexures supplied to the counsel for petitioner who requests for time. Adjourned to a date to be fixed by the office in the 3^rd week of January,2016.

J U D G E

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cons. Petition No.D-3176 of 2014

______________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE ______________________________________________________________________

6. For orders on CMA No.10933/14 (U/A)

7. For orders on CMA No.10934/14(Ex A)

8. For katcha Peshi.

21-12-2015.

Mr. Liaquat Ali Shar Additional A.G

-------------

Petitioner appearing in person is called absent despite of issuance of intimation notice, however, in the interest of justice we are adjourning the matter. Office is directed to issue intimation notice to petitioner for next date of hearing, if petitioner will not appear on next date of hearing, instant petition will be dismissed for non prosecution. Adjourned to 26.01.2016.

J U D G E

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cons. Petition No.D-2684 of 2013

______________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE ______________________________________________________________________

For katcha Peshi.

21-12-2015.

Mr. Ameenuddin A. Khaskheli advocate for petitioner.

Mr. Illahi Bux Jamali Advocate for respondent No.7.

Mr. Zulifqar Ali Sangi A.A.G

-------------

The petitioner present along with his counsel submits that after having filed instant petition, the impugned letter has been cancelled /withdrawn and the petitioner has been allowed joining, therefore, submits that purpose of filing instant petition has been achieved. It has been submitted that instant petition may be disposed of, however, respondents may be directed not to cause harassment to the petitioner who shall be dealt strictly in accordance with law.

Learned A.A.G. submits that since the grievance of the petitioner has been redressed, therefore, instant petition may be disposed of.

Accordingly, instant petition is disposed of, however, the respondents may ensure that no harassment may be caused to the petitioner who shall be dealt with strictly in accordance with law.

J U D G E

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cons. Petition No.D-3696 of 2012

______________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE ______________________________________________________________________

1. For katcha Peshi.

2. For hearing of CMA No.11679/12(stay)s

21-12-2015.

Mr. Zulifqar Ali Sangi Advocate for petitioner.

Dr. Permanand Incharge M.C. H.C M.S Taluka Hospital Daharki

Dr. Abdul Razaq nominee D.H.O Ghotki.

-------------

Dr. Permanend Incharge M.C.H.C M.S Taluka Hospital Daharki and Dr. Abdul Razaq nominee D.H.O Ghotki are present in Court and submit that they are will willing to accommodate petitioner Mehboob Ali on humanitarian grounds, who may be given appointment as Chowkidar in M.C.H Centre Daharaki provided the petitioner may not claim any past salary or back benefit. Petitioner Mehoob Ali present along with his counsel is agreeable to such proposal by the respondents and submits that he will not claim any back benefit , right or entitlement and previous back benefit provided the respondents may appoint him as Chowkidar.

Accordingly, by consent, instant petition is being disposed of in view of undertaking given by the respondents present in Court. Respondents shall also submit compliance report after issuing appointment letter to the petitioner for the post of chowkidar within one week from the date of this order. Petition stands disposed of in the above terms along with listed applications.

J U D G E

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cons. Petition No.D-2807 of 2014

______________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE ______________________________________________________________________

For katcha Peschi

21-12-2015.

Mr. Alam Sher Bozdar holding brief for

Mr.Shahzado Dreho Advocate for petitioners.

Mr.Zulifqar Ali Sangi A.A.G.

-------------

Through instant petition, petitioners alleged harassment by police.

Pursuant to Court notices, comments have been filed on behalf of respondents No.3 and 4 which are taken on record, copy has been supplied to the learned counsel holding brief for the learned counsel for the petitioners. Learned A.A.G submits that respondent No.2 has already filed comments, wherein, the allegation of harassment has specifically been denied. It is further stated that instant petition was filed in the year 2014 alleging harassment by the then S.S.P Sukkur, D.S.P Rohri and S.H.O of Police Station Rohri who have since been transferred from their respective posts, whereas, they have also categorically denied the allegations for causing any harassment. Record shows that after having filed instant petition, and issuance of notices vide order dated 09.09.2014 to the respondents, the petitioners have not remained vigilant to pursue instant petition which reflects that respondents are no more causing harassment to the petitioners.

Accordingly instant petition is disposed of with directions to the official respondents to ensure that no harassment may be caused to the petitioners in respect of some civil dispute, if any, between the parties, whereas, the parties may resolve their dispute by approaching proper forum/Court, in accordance with law.

J U D G E

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cons. Petition No.D-686 of 2014

______________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE ______________________________________________________________________

1. For order on objection at Flag.

2. For katcha Peshi.

21-12-2015.

Mr.Shahzado Dreho Advocate for petitioner.

Mr. Liaquat Ali Shar Additional A.G.

-------------

Learned Additional A.G at the very outset submits that under the similar circumstances this Court has already passed detailed order in CP-No.D-3134 of 2013 whereby the petition has been dismissed, he has placed on record copy of the said petition passed by this bench on the aforesaid petition. While confronting the same, learned counsel for the petitioner does not press the instant petition in terms of para No.6 and 6 of the aforesaid order. Accordingly this petition is disposed of against the respondents for the following terms.

In view of hereinabove facts and circumstances of the case, and the aforesaid Order passed by a Division Bench of this Court on the subject controversy, wherein, reliance has been placed on the Judgment of Hon’ble Supreme Court i.e Nizamuddin and others vs. Civil Aviation Authoirty (1999 SCMR 467) and Pak Com Limited and others Vs. Federation of Pakistan (PLD 2011 SC 44),

However, before parting with the above order, we may observe that Government departments are required to be fair and responsive to all contractual obligations, whereas it is expected that the respondents may consider the claims of the petitioner strictly in accordance with law and shall ensure that the admitted outstanding amount against the respondents, shall be paid to the petitioner within a reasonable period of time, whereas, efforts shall be made to get all the subject public works completed within stipulated period as per original schmee and the costs so determined, to avoid any revision of scheme i.e enhancement of cost, so that there shall be no loss to the public revenue on this account.

J U D G E

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cons. Petition No.D-4723 of 2015

______________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE ______________________________________________________________________

3. For orders on CMA No.13246/2015 (U/A)

4. For orders on CMA No.13247/2015 (Exmp)

5. For katcha Peshi

21-12-2015.

Mr. Sikandar Ali Junejo Advocate for petitioner.

-------------

After arguing the matter at some length, learned counsel for petitioner does not press the instant petition and states that the petitioner will seek remedy in terms of Sindh Public Procurement Rules 2010. Accordingly this petition is dismissed as not pressed.

J U D G E

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cons. Petition No.644 of 2013

______________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE ______________________________________________________________________

For katcha Peshi

18-12-2015.

Mr. Saeed Jamal Advocate for petitioners

Mr. Liaquat Ali Shar Additional Advocate General.

-------------

Petitioners Shahid Ali, Atta Muhammad and Sajid Ali have filed the instant Cons. Petition with prayer to direct the respondents to issue appointment orders to the petitioners for the posts applied, on the basis of written test held on 20.1.2013.

Notices were issued to the respondents and official respondents filed their comments wherein claim of petitioners has been denied on the ground that neither the petitioners submitted applications for such appointment nor appeared in written test held on 20.01.2013. It has been stated that the recruitment for the subject posts was made in accordance with law after completing all codal formalities. It appears that on the direction of this Court the entire record with regard to appointment made by the respondents has been placed on record which consists the list of successful candidates who passed written test and also appointments orders issued in their favour. However record shows that the names of petitioners are nowhere mentioned in record of the respondents.

Learned counsel for the petitioners was specifically confronted with the record produced by the respondents and was asked to produce any document which may support the claim of petitioners that they were qualified for such recruitment process, however, nothing has been placed on record to support their claim. The facts as stated by petitioners, have been controverted by the respondents whereas the petitioners have not been able to respond to the query of this Court as to whether the petitioners participated in the recruitment process.

In view of hereinabove disputed facts and in absence of any evidence to support the claim of the petitioners, we are not inclined to examine the disputed facts. Accordingly, the petition being misconceived is hereby dismissed.

J U D G E

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Suo Moto C.P No.D-3622/2012

________________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE _______________________________________________________________________

1. For further orders.

2. For order MA 5149/2015 (1 r.10)

3. For order on MA No.3867/2015 (Review)

4. For order on CMA No.6063/2015 (App U/S 151 CPC)

18-12-2015.

Mr. Liaqua`1

,u 08 t Ali Shar Addl. A.G

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Learned A.A.G submits that progress has been made with regard to payment of compensation by the Government/Finance department to the affectees, however learned A.A.G requests for short adjournment to place on record the correspondence and to ensure that the amount to be distributed amongst the affectees as per their share. On his request matter adjourned to 19.01.2016 at 11.00 a.m.

J U D G E

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Misc. Application No.D-593 of 2015.

________________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE _______________________________________________________________________

For orders on letter dated 14.12.2015

(Received from Assistant Director, Darul Aman Sukkur as at Flag.)

18-12-2015.

Mr. Athar Hussain Abro Advocate.

-------------

An application has been received from Assistant Director Dar-ul-Aman Sukkur wherein it has been stated that on 12.12.2015 Mst. Wazeeran was solemnized nikkah with one Muabarak Ali Shaikh pursuant to the order of this Court. however, since police custody was not available therefore Mst. Wazeeran could not be released from Dar-ul-Aman Sukkur.

Mr. Athar Hussain Abro holds brief on behalf of Mr. Muhammad Aslam Gadani Advocate and requests for adjournment as he has to get instructions from his senior. Mst Wazeeran be produced from Dar-ul-Aman Sukkur on next date and the matter is fixed on 22.12.2015 at 11.00 a.m.

J U D G E

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C.P No. 4500 of 2015.

________________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE _______________________________________________________________________

1. For order on office/object at Flag ‘A’

2. For order on CMA No.13132/2015 (U.A)

3. For order on MA No.12713/2015 U/A)

4. For order on MA No.12714//2015 Exemp

5. For katcha Peshi

6. For order on CMA No.12715/2015 (Stay A)

17-12-2015.

Sardar Akber F.Ujjan Advocate for petitioner.

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Counsel for petitioner requests for short adjournment and seeks permission to implead proper party as respondent(s). Permission granted subject to just exceptions.

J U D G E

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Revision No.D-28 of 2013

Cr. Jail Appeal No.S-30 of 2013.

________________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE _______________________________________________________________________

For katcha Peshi

17-12-2015.

Syed Ali Aamir Shah Advocate Junior to Mr. Syed Mushtaq Ahmed Shah Advocate.

Appellant Dodo produced by Jail authority in Cr.Jail Appeal No.30/2013.

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Mr. Ali Aamir Shah Advocate holds brief on behalf of Syed Mushtaq Ali Shah Advocate and requests for adjournment and further submits that he will obtain vakalatnama on behalf of complainant before next date of hearing.

Appellant Dodo has been produced from Jail custody and submits that he is not in a position to engage counsel and requests that Mr. Mumtaz Ali Naich Advocate may be appointed as Advocate for pauper appellant. Let intimation notice be issued to Mr. Mumtaz Ali Naich, whereas, production order of appellant Dodo shall also be issued for next date of hearing. The matter is fixed on 21.01.2016.

J U D G E

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr.Jail Appeal No. 60 of 2015.

________________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE _______________________________________________________________________

For katcha Peshi

17-12-2015.

Mr. Zulifqar Ali Jatoi DPG.

-------------

This Jail Appeal has been filed by the appellant Muhammad Arif Janwiri against his conviction in Special Case No.33/2014 by Special Judge CNS Khairpur vide Judgment dated 30.6.2015 in crime No. 57/2014 under section 9 ( c) CNS Act registered at Police Station Baberloi whereby the appellant has been convicted for four years and six months and to pay fine of Rs.20,000/- or in case of default to suffer further S.I for five months more. Appeal is admitted to regular hearing . Office is directed to call R & P.S. of above special case from trial Court, meanwhile production order of appellant be issued and the matter may be fixed in 3^rd week of January 2016.

J U D G E

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C.P No.D-4682 of 2015

________________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE _______________________________________________________________________

1. For orders on CMA No.13140/2015 (U/A)

2. For orders on CMA No.13141/2015 (Exmp)

3. For katcha Peshi

4. For orders on CMA No. 13142/2015(Stay).

17-12-2015.

Mr. Ali Raza Lakho Advocate for petitioner

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1. Granted.

2. Granted subject to all just exceptions.

3&4. Let pre-admission notice be issued to the respondents. In the meanwhile the respondents are directed to ensure that no discriminating treatment may be extended to the petitioner who shall be dealt with in accordance with law keeping in view to the shifting of old Iron Market to new Iron market. Date may be fixed after two weeks.

J U D G E

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C.P No.D-4678 of 2015

________________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE _______________________________________________________________________

5. For orders on CMA No.13125/2015 (U/A)

6. For orders on CMA No.13126/2015 (Exmp)

7. For katcha Peshi.

17-12-2015.

Mr. Imdad Hyder Solangi Advocate for petitioner

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3. Granted.

4. Granted subject to all just exceptions.

5. The petitioner alleged harassment at the hands of police particularly the respondent No.7. According to learned counsel for petitioner he is investigating the F.I.R No.76/2015 under sections 302,201 PPC registered at Police Station Mithiani, wherein the petitioner is father and brother have been falsely implicated by the complainant for having committed the offence of murder. Per learned counsel, the petitioner is practicing advocate and has no criminal record and he has been dragged in false case. Learned counsel for petitioner submits that the respondent No.7 is raiding the house of petitioner who has been granted bail by the Court of learned Additional Sessions Judge-I Naushehro Feroze.

Let notice be issued to the respondents, A.P.G and complainant. Matter be fixed in the next week, the respondent No.7 shall be in attendance on next date. However Investigating Officer/respondent No.7 of above said F.I.R shall conduct himself in accordance with law and may not abuse the process of law and the petitioner and other accused may not be arrested till next date.

J U D G E

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C.P No.4247/2015

________________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE _______________________________________________________________________

For katcha Peshi

16-12-2015.

Mr. Qurban Ali Shar Advocate for petitioners

Mr.Zulifqar Ali Sangi A.A.G

-------------

Learned A.A.G submits that alleged detenue Nazeer Ahmed has been arrested by police in criminal case, who has been challaned and is confined in Jail, whereas, as per comments filed on behalf of concerned police, alleged detenues Salman and Wazeer have not been arrested.

Learned counsel for petitioner submits that whereabouts of Salman and Wazeer are still not known, however, learned counsel for petitioner was asked to assist this Court as to who had illegally detained the alleged deteneus Salman and Wazeer but he failed to assist the Court. However, in the interest of justice concerned police is directed to trace out the alleged detenues Salman and Wazeer and produce before this Court on next date of hearing. Adjourned to 22.12.2015.

J U D G E

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C.P No.4247/2015

________________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE _______________________________________________________________________

For katcha Peshi

16-12-2015.

Mr. Qurban Ali Shar Advocate for petitioners

Mr.Zulifqar Ali Sangi A.A.G

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J U D G E

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Constt: Petition No.D-1633 & 1457 of 2013 &

Constt: Petition No.D- 388 of 2015

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Constt: Petition No.D-1633 & 1457 of 2013 &

Constt: Petition No.D- 388 of 2015

________________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE _______________________________________________________________________

1. For katcha Peshi

16-12-2015.

Mr.Sarfraz Ahmed Akhund Advocate for petitioner in C.P No.D-1633 of 2013

& 388 of 2015

Mr. Ch. Muhammad Ashraf Khan Advocate in CP No.1457/2013

Mr. Mian Mumtaz Rabbani D.A.G

-------------

Ch. Muhammad Ashraf Khan Advocate requests for time to file comments on behalf of respondents and claims copy, for which counsel for petitioners undertakes to provide the copy of the petition along with annexures to Ch. Muhammad Ashraf Khan Advocate for respondents during the course of the day.

By consent all three Cons. Petitions are adjourned to 12.02.2015.

J U D G E

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Constt: Petition No.D-1633 & 1457 of 2013 &

Constt: Petition No.D- 388 of 2015

________________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE _______________________________________________________________________

2. For katcha Peshi

16-12-2015.

Mr.Sarfraz Ahmed Akhund Advocate for petitioner in C.P No.D-1633 of 2013

& 388 of 2015

Mr. Ch. Muhammad Ashraf Khan Advocate in CP No.1457/2013

Mr. Mian Mumtaz Rabbani D.A.G

-------------

By consent all three Cons. Petitions are adjourned to 12.02.2015.

J U D G E

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

CP.D- 2515 OF 2014

________________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE _______________________________________________________________________

3. For katcha Peshi

16-12-2015.

Petitioner Waheed Wafa Marri present in person.

Mian Mumtaz Rabbani DAG

-------------

Let notice be repeated upon the respondents to be served through first three modes. Learned DAG waives notice and claims copy of instant petition. The petitioner has supplied the copy of petition along with annexures to DAG in Court.

To come up on 20.01.2016 and comments shall be filed by DAG

on next date.

J U D G E

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

CP.D- 93 OF 2014

________________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE _______________________________________________________________________

4. For katcha Peshi

5. For hearing of CMA No.270/14(Stay)

16-12-2015.

Mr. Sajjad Muhammad Zangejo Advocate for petitioner.

Mr. T.David Lawrence, Advocate for SEPCO.

Mr. Ashok Kumbar Jambha, Advocate for respondent No.7.

-------------

Advocate for respondent No.7 files statement along with annexures which are taken on record. Let the copy of the same be supplied to be counsel for petitioner. By consent matter adjourned to 20-01-2016 . Interim order passed earlier to continue.

J U D G E

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

CP.D- 4435 OF 2015

________________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE _______________________________________________________________________

6. For katcha Peshi

7. For hearing of CMA No.12440/15 (Stay)

For order on CMA No.13069/15.

16-12-2015.

Mr.Nisar Ahmed Bhanbhro Advocate for petitioners

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Learned counsel for petitioner seeks urgency.

Learned counsel for the petitioners is directed to satisfy the Court about the maintainability of this petition. As suggested by learned counsel, the matter is fixed on 13.01-2016.

J U D G E

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

CP.D- 4030-

OF 2015

________________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE _______________________________________________________________________

For order on CMA No.11508/2015 (Contempt)

For katcha Peshi

For hearing of CMA No.11176/15 Stay

16-12-2015.

Mr.Dareshani Ali Hyder Advocate for the petitioner.

-------------

Counsel for petitioner submits that the respondents have not so far issued the blank tender form to the petitioner, whereas, the process of issuing the tender has not yet commenced. In the circumstances, filing instant contempt application appears to be mis-conceived and pre-mature. However, let the matter be fixed after winter vacation when comments shall be filed by respondents.

J U D G E

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

CP.D- 4659 OF 2015

________________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE _______________________________________________________________________

1. For orders on CMA No.13089/15(U/A)

2. For order on CMA No.13090/2015 (Exemp)

3. For katcha Peshi

4. For orders on CMA No.13091/2015 (Stay)

16-12-2015.

Mr. Ahmed Bakhsh Phulpoto Advocate for petitioner.

-------------

Let notice be issued to the respondents as well as A.A.G.

To come-up after two weeks however counsel for petitioner is directed to satisfy the Court about the maintainability of the petition on next date in view of recent Judgment of Honourable Supreme Court of Pakistan.

J U D G E

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

CP.D- 4626 OF 2015

________________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE _______________________________________________________________________

5. For order on CMA No.12990/15(U/A)

6. For order on CMA No.12991/2015 (Exemp)

7. For katcha Peshi

16-12-2015.

Mr. Muhammad Nawaz Soomro Advocate for petitioner.

-------------

Let notice be issued to the respondents as well as A.A.G in the meanwhile respondents may consider the request of petitioner for issuance of tender form in accordance with law, if he is found eligible for such purpose.

To come up after two weeks.

J U D G E

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

CP.D- 687 OF 2014

________________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE _______________________________________________________________________

For katcha Peshi

15-12-2015.

Petitioner and his counsel absent without intimation.

-------------

On 24.11.2015 following order was passed.

“ Learned counsel for the petitioner seeks urgency however, from the perusal of contents of instant petition, it appears that through instant petitioner the petitioner is enforcing contractual obligations and claims some outstanding amount, which prima facie appears to be misconceived. Learned counsel for the petitioner is directed to satisfy this Court as to maintainability of instant petition.

To come up on 15.12.2015.”

Today petitioner and his counsel called absent which reflects that petitioner has lost his interest to proceed with the petition whereas learned counsel for petitioner has not submitted any response to to the petition with regard to maintainability of the instant petition, however, this petition is dismissed for non- prosecution.

J U D G E

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Misc. Application No.D-614/2015

________________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE _______________________________________________________________________

For katcha Peshi

Notice issued.

15-12-2015.

SIP Loung Khan Babur additional S.H.O of P.S Piryaloi

Respondents Allah Wadhayo, Khadim Hussain, Ghulam Shabbir and Rustam are present in Court.

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S.H.O Police Station Piryaloi/respondent No.2 present and files statement who denied the allegations and states that there is some dispute with regard to land in between petitioner and respondents Allah Wadhayo and others and petitioner Mst. Durnaz has filed false Cr.Misc. application in respect of alleged detention of Sabagho who is voluntarily disappeared in order to cause harassment to the respondents. S.H.O Police Station Piryaloi has filed statement wherein states that police has neither arrested nor detained the husband of applicant namely Sabhago.

Since the whereabouts of Sabhago husband of applicant are not known. It is duty of the concerned police to trace out his whereabouts and to produce him in Court on next date. The concerned S.S.P is also directed to look into the matter and to ensure that husband of applicant namely Sabhago son of Imamdad shall be produced in Court on next date. Adjourned to 23.12.2015.

J U D G E

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Misc. Application No.D-612/2015

________________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE _______________________________________________________________________

For katcha Peshi

Notice issued.

Rule Nisi issued.

15-12-2015.

Mr. Sundar Khan Chachar Advocate for applicant.

Mr. Zulifqar Ali Sangi A.A.G

SIP Imran Khanzada S.H.O P.S Sultan Kot

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Petitioner along with detenues Majid Ali, Sajid Ali and Zaheer Ali are present. Comments have been filed by the respondents Nos.1,2,4,5 and 7 which are taken on record, copy of the same supplied to the counsel for petitioner. Petitioner Mst. Janul present in Court and states before the Court that detenues Majid Ali, Sajid Ali and Zaheer Ali have been released by police/S.H.O P.S Sultan Kot however detenue Amir Ali is in custody of S.H.O P.S Sultan Kot, such allegation is denied by S.H.O present in Court who submits that police has not detained Amir Ali nor detained other detenues but the petitioner has filed frivolous petition to protect her husband Imamuddin who is required in three F.I.Rs of murder and he is Proclaimed Offender. It is further stated by the S.H.O P.S Sultan Kot that petitioner Mst. Janul appeared before High Court at circuit Court Larkana on 09.12.2015 where petitioner stated before the Court that she has not been abducted by any body and residing along with her husband and children .

Keeping in view of above facts, the instant Cr.Misc. Application is disposed off with directions to concerned police to find out alleged detenue Amir Ali who shall be produced in Court of competent jurisdiction if required in any other criminal case or if he is not required in any other case, his whereabouts should be ascertained and report may be submitted to this Court through Additional Registrar of this Court preferably within the period of four weeks.

J U D G E

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Confirmation Case No.09 of 2015

________________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE _______________________________________________________________________

For katcha Peshi

15-12-2015.

Mr. Zulifqar Ali Jatoi DPG.

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Instant case has been sent for confirmation of death sentence awarded by Judge Anti-Terrorism Court, Khairpur in Special Case No.26/2012 State Vs. Laloo and others, under sections 302, 324,353, 427,148,149 PPC read with section 7 ATA,1997, crime No.31/2012 registered at Police Station Ahmedpur district Khairpur Mir’s. However, it appears from certified copy of Judgment and the evidence attached that the appellant has been awarded death sentence in absentia.

Let comments be called from learned Judge who will send proper reference in accordance with law within one week.

J U D G E

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

CP No.D-4465 of 2015

________________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE _______________________________________________________________________

For non-prosecution.

P.F & copy not supplied

15-12-2015.

Mr. Ali Ahmed Soomro Advocate for the petitioner.

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Mr. Ali Ahmed Soomro Advocate for petitioner requests for two days, time to pay the costs. Two days’ time is granted. Issue notice to the respondents, meanwhile petitioner shall join the investigation. Adjourned to 23.12.2015.

J U D G E

Exceptions

Needless

Recourse

lashes