ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr. Misc. Application No.S- 73 of 2018.

Date of hearing

Order with signature of Judge

1.For orders on office objection.

2. For hearing of case.

08.10.2018.

Applicant present in person.

Mr. Raja Imtiaz Ali Solangi, Assistant prosecutor General.

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          The applicant being aggrieved of order dated 07.03.2018 passed by learned 1^st Additional Sessions Judge/Ex-Officio Justice of Peace, Qamber, has impugned the same before this Court by way of instant application, whereby his application for issuance of direction against SHO, P.S, Saddar, for removal of encroachment over the public property and recording his FIR against the encroachers was dismissed.

          It is contended by the applicant in person that the proposed accused have encroached upon the public property without any lawful justification, which is causing nuisance for general public, even at the time when they are going to bury the dead bodies of their relatives in nearby graveyard. By contending so, he sought for direction against SHO P.S Saddar, to remove the encroachment over the public property and to record his FIR against the encroachers.

          Learned A.P.G opposed to issuance of directions against SHO, P.S, Saddar, to record FIR of the applicant by supporting the impugned order by contending that the issue of encroachment could only be resolved either by a Civil Court having jurisdiction or by Tribunal which is constituted to determine the issue of encroachment.

          I have considered the above arguments and perused the record.

          If the applicant is having a feeling that the proposed accused have encroached upon the public property then in first instance he has to prove such fact before the Court/Tribunal having jurisdiction. If it is proved, then the applicant may ask for further action in accordance with law. In these circumstances, the learned 1^st Additional Sessions Judge/Ex-Officio Justice of Peace, Qamber, was right to dismiss the application of the applicant by way of impugned order, which is not calling for any interference by this Court by way of instant application, it is dismissed accordingly.  

J U D G E