ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

PRESENT:

Mr. Justice Aqeel Ahmed Abbasi

Mr. Justice Mahmood A. Khan

C.P. No.D-1229 of 2023

___________________________________________________________________                                        Date                                     Order with signature of Judge 

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FRESH CASE:

1. For order on CMA No.6044/2023 (Urgent).

2. For order on office objection No.18.

3. For order on CMA No.6045/2023 (Exemption).

4. For order on CMA No.6046/2023 (Stay).

5. For hearing of main case.

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Dated; 7^th March 2023

Mr. Muhammad Rahib Lakho, Advocate for Petitioner.

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1.         Urgency granted.

2.         Learned counsel for the petitioner undertakes to comply with office objection before the next date of hearing.

3.         Exemption granted subject to all just exceptions.

4&5.    Through instant Constitutional Petition, the petitioner, who claims to be a villager of a sanctioned Goth, has alleged harassment by the official respondents and sought protection through instant petition. However, perusal of the record shows that alongwith instant petition, petitioner has filed certain documents, including copy of Civil Suit No.1399 of 2022 filed by the petitioner against the respondents, seeking somewhat similar prayers. Learned counsel for the petitioner was directed to satisfy this Court as to maintainability of instant petition in view of the fact that the petitioner has already availed alternate remedy by approaching competent court of civil jurisdiction to seek redressal of his grievance relating to the right, title and possession, if any, on the subject property. In response to such query, learned counsel for the petitioner submits that though a civil suit was filed by the petitioner wherein no restraining order has been passed, therefore, the official respondents have registered FIR against the petitioner in which he has obtained protective bail.

            Since the petitioner has already availed the remedy available to him, therefore, instant Petition is misconceived and hereby dismissed in limine alongwith listed application. However, petitioner is at liberty to pursue the remedy available to him in accordance with law and obtain appropriate order in this regard. It is, however, expected that official respondents shall conduct themselves strictly in accordance with law. 

J U D G E

J U D G E

*Farhan/PS*