ORDER SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
C.P. No.D-1022 of 2011
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DATE
ORDER WITH SIGNATURE(S) OF THE JUDGE(S)
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1)
For Katcha Peshi
2)
For hearing
of Misc. No.4049/2011 (Stay)
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22.10.2013
None present for the
petitioner.
Mr. Miran
Muhammad Shah, Addl: A.G.
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This petition was filed by the
petitioner with the following prayers:
“(a) To direct the respondents to carry out
proposed construction of new building of Government (Girls) Primary School Anb Khokhar (Union Council Bachal Gugo) Semis Code 40382013;
being old school where girls of the area are already getting education since
decade.
(b) To restrain the Respondents from cancelling
or shifting of Government Girls Primary School Amb Khokhar from Union Council Bacho Gugo to some other place till final disposal of the
petition.
(c) Any other relief which this Honourable
Court may deems fit and proper under the circumstances of the case in hand.
(d) To award cost of the petition.”
Learned A.A.G. has invited our
attention to the comments filed by the Executive District Officer (Education), Thatta and the Executive District Officer, Education Works,
Works and Services Department, Thatta, respondents Nos.3
and 4, respectively, in reply to this petition. In their said comments they
have confirmed that the Pacca Government Girls
Primary School, Aumb Khokhar,
Union Council Bachal Gugo,
has been constructed at the approved site and on the plot handed over by the
Education Department, which was donated by Mr. Rajab Ali. It has been further
stated by them in their comments that there is no deviation in the site of the
said school, and the construction work has already been completed. They have
also stated in their comments that the construction of the Pacca
School has not infringed the rights of the residents or their children.
Learned A.A.G. submits that since
there was/is no deviation in the construction or location of the said school,
the alleged grievance of the petitioner has been redressed and as such the
petition has become infructuous.
We agree with the contention of the
learned A.A.G. as there is no point in proceeding with this matter when the
school has been constructed at the designated site and the construction has
already been completed. Accordingly, this petition and the listed application
are disposed of.
JUDGE
JUDGE
Gulsher/PA