IN THE HIGH COURT OF SINDH

CIRCUIT COURT, LARKANA

Present:

Irshad Ali Shah, J.

Agha Faisal, J.

CP D445 of 2020                 :           Prof. Dr. Amar LalGurbakhshanivs.

Ms. Dr. Rafia Baloch & others.

For the Petitioner                 :           Mr. Ali Azhar Tunio, Advocate

For the Respondents          :           Mr.Abdul Hamid Bhurgri, Addl A.G. Sindh.

                                                            Mr. Sarfaraz Ali Abbasi, Advocate for

respondents No.2 to 5.

Dates of hearing                  :           23.02.2022

Date of announcement      :           23.02.2022

ORDER

Agha Faisal, J.         The petitioner claims to have been allotted official accommodation by Shaheed Mohtarma Benazir Bhutto Medical University (SMBBMU), Larkana and requires that the same may be vacated by the present resident, respondent No.1, and provided to the petitioner,vide recourse to the writ jurisdiction of this Court. The petitioner also seeks to recover amounts from the private respondent No.1 on account of rent being paid by the petitioner,since the official accommodation is not available thereto. The official accommodation belongs to the university and it remains competent to allot the same to any entitled person and/or to seek eviction therefrom of any disentitled person.  No fundamental rights of the petitioner are involved in such regard, hence, the recourse to writ jurisdiction is prima facie misconceived. Even otherwise writ jurisdiction is not amenable for recovery of moneys and as such no writ could be issued to a private person.In view hereof instant petition, along with pending applications, is hereby dismissed.

                                                                   JUDGE

JUDGE