IN THE HIGH COURT OF SINDH

CIRCUIT COURT, LARKANA

 

Present:

Irshad Ali Shah, J.

Agha Faisal, J.

 

CP D256 of 2021                 :           Haresh Lal &Others vs.

Province of Sindh &Others

 

For the Petitioners               :           Mr. Vinod Kumar, Advocate

                                   

Date of hearing                    :           18.01.2022

 

Date of announcement      :           18.01.2022

 

 

ORDER

 

 

Agha Faisal, J.         (2) Granted. (1) & (3) Petitioners seek relief against a private respondent with respect to variation in fees. At the very outset learned counsel was confronted as to how a writ could be sought against a private respondent, however, he remained unable to provide any justification.

 

2.            It is settled law that a writ under Article 199 of the Constitution ought not to be issued in respect of private respondents and even otherwise the petitioners seek enquiries of a factual nature, which is not amenable for adjudication in writ jurisdiction[1].

 

3.            It is noted that the primary grievance appears to be against a private respondent and the official respondents seem to have been impleaded to seek the adjudication of the grievance before this court, in the exercise of its writ jurisdiction. A Division Bench of this High Court, in Muhammad Saddiq case[2], had deprecated the invocation of the writ jurisdiction in private disputes and had held that such action, merely to overcome objections of the branch with respect to maintainability, cannot but be disapproved. A subsequent Division Bench has also maintained[3] that the masquerade of pleadings to invoke the Constitutional jurisdiction of this court is undesirable.

 

4.            In view of foregoing, the present petition is found to be misconceived,hence, hereby dismissed in limine.

 

                                                                   JUDGE

 

JUDGE



[1]2016 CLC 1; 2015 PLC 45; 2015 CLD 257; 2011 SCMR 1990; 2001 SCMR 574; PLD 2001 Supreme Court 415.

[2]Muhammad Saddiq & Another vs. Ruqaya Khanum & Others reported as PLD 2001 Karachi 60.

[3]AKD Investment Management Limited & Others vs. JS Investments Limited & Others reported as 2020 CLD 596.