ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Constt. Petition No. D-186 of 2021.

Date of hearing

Order with signature of Judge

03.03.2022.

01. For orders on office objection “A”.

02. For orders on M.A.No.901/2021 (E/A).

03. For orders on M.A.No.902/2021 (S/A)

04. For hearing of main case.

                        Mr. Abdul Rehman Bhutto, Advocate for petitioners.

                                                ~~~~~~~

                        Facts in brief necessary for disposal of instant constitutional petition are that the private respondent filed a suit for removal of encroachment from public property; it was disposed of by learned Anti Encroachment Tribunal Larkana, directing the official concerned to remove the encroachment from the subject property, vide order dated 08.03.2021, which is impugned by the petitioners before this Court by way of instant constitutional petition.

                        It is contended by learned counsel for the petitioners that the subject land is abandoned public property, thereupon have been raised houses not only by the petitioners but by the private respondent, therefore, no useful purpose would be served, if they are displaced there-from. By contending so, he sought for setting aside of the impugned order.

                        Heard arguments and perused the record.

                        As per impugned order, both the parties have made encroachment over the public property. The encroachment made over the public property could not be justified under the pretext that if it is removed, would serve no purpose. No wrong could be protected under any circumstances. No illegality in the impugned order is pointed out, which may justify this Court to make interference with it in exercise of its constitutional jurisdiction. Consequently, the instant constitutional petition being misconceived is dismissed in limine together with listed applications.

Judge

                                                       Judge