IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Constt: Petition No.D–3695 of 2015
Constt: Petition No.D–440 of 2017
DATE
OF HEARING |
ORDER WITH SIGNATURE OF
JUDGE. |
1.
For orders on O/objection at
flag-A.
2.
For orders on CMA No.5058/20
3.
For orders on CMA No.7541/17
4.
For orders on CMA No.7542/17
5.
For orders on CMA No.4353/17
6.
For orders on CMA No.2531/17
7.
For orders on CMA No.2532/17
8.
For orders on CMA No.10435/15
9.
For hearing of main case.
Date of hearing. 19.04.2022
Petitioner
No.1 Nouman Shehzad in C.P. No.D-3695 of 2015, in person.
M/s
Khan Muhammad Sangi and Kamran Mobeen Khan Advocate for respondents
Mr.
Noor Hassan Malik AAG.
********
By means of these constitutional petitions, the petitioner
have called in question, inter alia, the affairs of the managing committee of
M/s. Sindh Co-operative Housing Society Sukkur.
From the
perusal of record, it appears that this court while dealing with issue in
respect of the said Society passed a detailed order in Constitutional Petitions
No.D-518 of 2020 and No.D-1013 of 2019 on 31.03.2021, whereby the Deputy Commissioner, Sukkur was
directed to take-over possession/charge of Sindh Co-operative Housing Society,
Sukkur immediately with further direction to
collect all files of the Society in his captivity till the newly body of the Society
is elected and
NAB authorities was also directed
to probe into the matter.
In
view of the above, we are of the considered opinion that the adequate and efficacious
remedy is available with the petitioners to approach the Administrator/Deputy
Commissioner, Sukkur, appointed by
this Court to look after the affairs of the Sindh Co-operative Housing Society Sukkur, for redressal of their grievances.
It is settled proposition of law that where an
adequate and efficacious remedy is available, constitutional jurisdiction of this
Court under Article 199 of the Constitution cannot be invoked.
In the circumstances, the above petitions,
being not sustainable, stands dismissed, however, the petitioners would be at liberty
to avail the remedy available to them in accordance with law.
J U D G E
J U D G E
Rafi