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