ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

Constitutional Petition No. D- 605 of 2021.

Date of hearing Order with signature of Judge.

For non-prosecution.

17.01.2024.

Mr. Abdul Hamid Bhurgri, A.A.G a/w Abdul Rehman Khoso, Mukhtiarkar Kashmore.

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Inspite of notice, no one has appeared on behalf of petitioner. Abdul Rehman Khoso, Mukhtiarkar Kashmore/respondent No.14 files report on behalf of respondent No.13, which is accompanied by Revenue Entry relating to the disputed graveyard, site report, map and the photographs, taken on record. Mukhtiarkar Kashmore present submits that the land meant for graveyard is spreading over an area of 1-14 acres, which, however, is unsurveyed. As far as the shops constructed near graveyard are concerned, those are constructed by the individuals over qabooli survey numbers and not on the area of graveyard. He, therefore, submits that the claim of petitioner to the extent that some private persons have constructed shops over the graveyard area, is incorrect. As far as protection of the graveyard is concerned, he submits that he being custodian of law is bound to protect the same accordingly.

In view of statement of Mukhtiarkar Kashmore, learned AAG submits that purpose of petition has been achieved.

We have gone through the petition and its averments as well as prayer clause and find that the purpose of petition in view of detailed compliance report submitted by Mukhtiarkar concerned stands achieved. As far as protection of the graveyard and its boundaries, the Deputy Commissioner, Kashmore @ Kandhkot as well as other authorities of the District are directed to ensure that no one may encroach upon the same. Copy of order be sent by fax today to DC Kashmore @ Kandhkot for compliance and a copy whereof shall also be provided to learned Addl. A.G Sindh, for correspondence and compliance.

The petition stands disposed of in above terms.

JUDGE