ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Constt: Petition No.D-        793     of 2013.

 

DATE                                     ORDER WITH SIGNATURE OF HON’BLE JUDGE

 

1-     For Katcha Peshi.

2-     For orders on CMA.No.4790/2013

 

27th. April, 2016.

 

                        Mr. Shafique Ahmed Leghari, State Counsel.

 

                        Petitioner and his Counsel called absent, no intimation received. Through instant petition, the petitioner has sought following reliefs:-

·        That this Hon’ble Court may be pleased to declare that the act of the respondents for illegally and unlawfully tampering with the Protective Band of River Indus at the point of Ulra Jagir, Taluka Kingri, District Khairpur, by affixing Cemented Pipes, Sluices and Modules, is illegal, malafide, null, void and without any lawful authority and justification.

 

·        That this Hon’ble Court may be pleased to appoint any Officer of this Hon’ble Court or any Civil Judge & Judicial Magistrate, of District Khairpur to pay surprise visit at the aforesaid point of the Protective Band in order to ascertain the real position there.

 

·        To award the costs.

 

·        To grant any other equitable relief, which this Hon’ble Court deems fit and proper under the circumstances of the case, in favour of the petitioner.

                        However, after having filed the instant petition, the petitioner and his Counsel have not remained vigilant to proceed with the matter, whereas, it appears that comments have not so far been filed by the official respondents. From the perusal of prayer clause, reproduced hereinabove, it appears that the respondents are required to look into the allegations, as contained in the instant petition and to ensure that there shall be no illegal tampering in the Protective Band of River Indus at any point or which is mentioned in the instant petition. Accordingly, while disposing of instant petition, we will direct the respondents to ensure that they shall conducted themselves strictly in accordance with law, whereas, there shall be no illegal tampering with the Protective Band of River Indus, which shall protected strictly in accordance with law.

                        Petition stands disposed of along with listed application. Let copy of this order may be communicated to the official respondents through learned Addl: A.G to ensure compliance.

 JUDGE

JUDGE

A.R.BROHI