ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C. P. No. D – 549 of 2021

Date of hearing

Order with signature of Judge

Hearing of case (priority)

1. For orders on office objections at Flag-A

2. For hearing of CMA No.2379/2021 (S/A)

3. For hearing of main case

07-09-2021

Mr. Ali Gul Abbasi and Ms. Rizwana Jabeen Siddiqui, Advocates for the petitioner.

Mr. Muhammad Hamzo Buriro, Deputy Attorney General.

Mr. Mehboob Ali Wassan, Assistant Advocate General Sindh along with Muhammad Aslam, District Food Controller, Naushahro Feroze.

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The petitioner, through this Petition, has sought the following relief:

a. To direct the respondent No: 5 to restore the license of M/S Hina Flour Mills.

b. To direct the respondents to allocate/grant Wheat monthly Quota and remaining Quota to the petitioner’s Hina Flour Mill as per quota in accordance with rules and laws.

c. To direct the respondents to dispose/remove of the remaining wheat stock as per weight and cancel the WPC Moro-II from Hina Flour Mill.

d. To grant any other relief as deem fit.

e. To award the cost of the petition.

Insofar as prayer clause (a) and (b) is concerned, the petitioner is satisfied and does not press the same. However, it is contended that prayer clause (c) be considered as the wheat stock lying at the petitioner’s mill has to be removed / disposed by the respondent No.6. While confronted as to grant of such relief, he has relied upon some undertaking available at ‘page 21’ and some letter at ‘page 23’, and submits that this was agreed between the petitioner and respondent No.6. We are afraid that in constitutional jurisdiction, we cannot enforce the purported agreement or understanding between the parties as it requires a factual probe and so also the genuineness as well as authority and competency of the respondent who entered into such agreement.

In view of such position, the Petition being misconceived is dismissed along with pending application, whereas, the petitioner may seek appropriate remedy in accordance with law.

J U D G E

Abdul Basit