IN THE HIGH COURT OF SINDH
CIRCUIT COURT, LARKANA.
Present:
Irshad Ali Shah,J.
Agha Faisal, J.
CP D 03 of 2022 : Manzoor Ahmed Bangwar vs.
DC Kashmore @Kandhkot &Others
For the Petitioner : In Person
Date of hearing : 12.01.2022
Date of announcement : 12.01.2022
ORDER
Agha Faisal, J.1. Granted. 3. Granted subject to all just exceptions. 2&4.The present petition seeks directions for enquiry and if any illegality is discovered in the course thereof then seeks directions for appropriate legal action.
2. At the very outset, petitioner was confronted with respect to the maintainability hereof, however, remained unable to satisfy this Court in such regard.
3. The petitioner has certain reservations in respect of public sector development in his area and has levelled bare allegations of corruption and mismanagement. Despite our repeated queries no substantiation could be articulated to confer any veracity upon the allegations levelled. Even otherwise the entire premise of the petitioner is based upon disputed questions of fact, requiring detailed factual inquiry, investigation and / or evidence. It is settled law that the adjudication of disputed questions of fact, requiring evidence etc., is not amenable in the exercise of writ jurisdiction[1].
4. It is apparent from the pleadings that the petitioner has taken no efforts to agitate the grievance before the concerned fora and has approached this Court directly. Article 199 of the Constitution contemplates the discretionary writ jurisdiction of this Court and the said discretion may be exercised in the absence of an adequate remedy. In the present matter admittedly no alternate remedy has ever even been invoked.
5. In view hereof, we are constrained to observe that in the lis before us the petitioner’s counsel has been unable to set forth a case for the invocation of the discretionary[2] writ jurisdiction of this Court, hence, the listed petition is hereby dismissedin limine.
JUDGE
JUDGE