ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

     Constt.Petition No.D-288 of 2023.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

Before:

                                                        Mr. Justice Irshad Ali Shah.

                                                                                           Mr. Justice Arbab Ali Hakro.

1. For orders on M.A No.1067/2023.

2. For orders on office objections ‘A’.

3. For orders on M.A No.1068/2023.

4. For hearing of main case.

31.05.2023

                        Petitioner in person.

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1.                     Urgency granted.

2.                     Deferred.

3.                     Deferred.

4.                     The facts in brief necessary for disposal of instant petition are that as per petitioner, the private respondent being civil servant was allotted a residential quarter at Irrigation Colony, which he sold to someone else and then by making encroachment over 2000 feet of public plot has raised constructed thereon. By maintaining such facts, he filed a suit before Anti Encroachment Tribunal Larkana, seeking removal of such encroachment; it was dismissed by learned Presiding Officer, Anti Encroachment Tribunal, Larkana, vide order dated 05.04.2023 which he has impugned before this Court by preferring the instant petition.

                        It is contended by the petitioner that learned tribunal has passed the order in slipshod manner without considering the factual controversy, therefore, such order being illegal is liable to be set aside.

                        Heard arguments and perused the record.

                        As per impugned order, the private respondent is residing in residential quarter with permission of the authority; the encroachment over the public property is also denied by the respondents and the petitioner is disputed with the private respondent over matrimonial affairs. By making such observation, the learned tribunal has dismissed the suit of petitioner by way of impugned order which is not found to be illegal or otherwise to be interfered with by this Court in exercise of its constitutional jurisdiction; consequently, the instant petition being misconceived is dismissed in limine.

JUDGE

JUDGE