ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Constt: Petition No.D- 225 of 2009

DATE ORDER WITH SIGNATURE OF HON’BLE JUDGE

1- For Katcha Peshi.

2- For orders of CMA.No.644/2009.

20^th. January, 2016.

Mr. A. M Mobeen Khan, Advocate for Respondent No.1

Mr. Liaquat Ali Shar, Addl: A.G.

Mr. Mehmood Ahmed, Standing Counsel.

Petitioner and his Counsel called absent, no intimation received. Learned Counsel for respondent No.1 has referred to the comments filed on behalf of respondents No.1 & 2 and submits that the allegations as contained in the instant petition, besides being false frivolous cannot be examined in the instant petition, as it involves seriously disputed facts. It is further stated that widening of the road has been completed after complying with all Codal formalities i.e The National Highways and Strategic Roads (Control) Rules, 1998, in accordance with law, whereas, the petitioner has illegal construction raised on the government lands, falling on the road area was demolished in accordance with law.

It appears that in view of the comments filed on behalf of respondents No.1 & 2, the petitioner has nothing to offer to dispute such factual and legal position and is not proceeding with the matter since 2009. Accordingly, this Court has left with no option but to dismiss the instant petition, which is dismissed for non-prosecution along with listed application

JUDGE

JUDGE

A.R.BROHI