IN THE HIGH COURT OF SINDH AT KARACHI

Old Const. Petition No.D-594 of 2011

New Const. Petition No.D-2170 of 2011 (Karachi)

Date                            Order with signature of the Judge

1. For hearing of Misc. No.16380/2011 (if granted).

2. For hearing of Misc. No.16381/2011 (U/S. 151 CPC).

(Matter is already fixed on 16.11.2011)(Order issued for compliance)

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Dated: October 27, 2011

 

Mr. Abdul Hai Khan Pathan, Advocate for Applicant/Intervenor Taluka Local Government City Hyderabad along with Syed Afaq Ahmed Rizvi, Taluka Officer (Regulation).

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1.         Urgency is granted.

2.         Through this application order dated 09.8.2011 is sought to be modified. Counsel for the applicant/intervenor Taluka Local Government City Hyderabad says that under the garb of order dated 09.8.2011 jail authorities have trespassed upon Baldia’s land. Counsel was asked to explain as to whether this Court has made any observation regarding property of the prison or of Baldia or their occupational rights. Counsel submits that though this Court has only directed that in case Police Station Baldia trespasses upon prison’s land D.P.O. to ensure that no access is made, and there is nothing in the order whereby this Court has given any right to the Central Prison Hyderabad to occupy the property of Baldia Hyderabad or any other person. In the last counsel says that if it is observed that in case Central Prison Hyderabad trespasses over property of Baldia D.P.O. shall not render any assistance and he would be satisfied and would not press this application.

            We have heard the learned counsel and have gone through the order dated 09.8.2011.

            There is nothing in the order which confers any right on the Central Prison Hyderabad to occupy the land of Baldia nor anyone else nor the right on any party in respect of any land has been determined and there is no direction to the D.P.O. that in case any trespass is made by the Central Prison Hyderabad any assistance be provided. The only direction given in the said order is that in case Police Station Baldia attempts to occupy the prison’s land then D.P.O. would provide necessary assistance. The grievance, if any, of the applicant/intervenor cannot be addressed in the instant petition but before the Court of competent jurisdiction. Counsel is satisfied and seeks disposal of this application in view of above observations.

            Application stands disposed of in above terms.

 

JUDGE

JUDGE