ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Constt. Petition No. S- 346 of 2009. 

Date of hearing

Order with signature of Hon’ble Judge

FOR KATCHA PESHI.

Mr. Rafique Ahmed K. Abro, Advocate alongwith the petitioner.

Mr. Naimatullah Bhurgri, State Counsel for official respondents.

Mr.Arif Safdar Ghori, advocate alongwith Respondent No.4.

Respondent No.4 is also  present. 

13.5.2009. O R D E R.

Khadim Hussain M. Shaikh, J-.         Through this petition Under Article 199 of Constitution of Islamic Republic of Pakistan 1973, the petitioner seeks the following reliefs:-

(a) To declare that the action of respondents No.1 & 2 by taking away four buffalos from the lawful custody of petitioner and handing over the same to respondent No.4 is malafide, illegal in excess of authority and mis-use of powers and further be pleased to direct respondents No.1 & 2 to return all four buffalos to petitioner.

(b) To direct respondent No.3 to conduct enquiry against respondent No.1 & 2 and to take legal action against them as per law.

(c) ……………………

(d) ……………………

2.                On the notice issued, the D.P.O, Larkana filed his statement supported by affidavit of Baloch Khan Abro, DSP Legal Larkana, Inspector Abdul Hameed Panhwar SPO Naudero and SIP Mukhtiar Ahmed Bugti, SHO Naudero PS have also already filed their statement supported with their respective affidavits. Private respondent namely Zamir Hussain Junejo files para-wise comments supported with his affidavit and Mr.Arif Safdar Ghori files Vakalatnama for  respondent No.4, which  are taken on record. All the respondents have denied all the allegations leveled against them by petitioner in his petition. However DPO, Larkana in his statement has stated that the petitioner has not approached him after 23.04.2009.

3.                On 08.05.2009, the above  police officers who were present in the court had made statement that they would not cause any harassment to the petitioner.

4.                After addressing the Court some at length learned Advocate for the petitioner has conceded that for deciding the question of grant of releifs claimed in this petition, the investigation into factual controversies is inevitable. It is well settled that the dispute involving such factual controversies cannot be effectively adjudicated in a petition under Article 199 of Constitution Of Islamic Republic of Pakistan 1973, facing with the said position the learned Advocate for the petitioner does not press this petition and submits that the petitioner may be set at liberty to approach the DPO and/or to avail any other remedy.

5.                The petitioner will be at liberty to seek the appropriate remedy before any authority/forum/court of competent jurisdiction, if so advised.

6.                The petition is disposed of in the above terms. Order accordingly.

JUDGE