ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C.P.    No.688  of  2012. 

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

1. For orders on office objection as Flag ‘A’.

2. F0r orders on M.A.No.1199/12

3.  For Katcha Peshi.

26.12.2012

Mr. Faiz Muhammad Larik advocate for petitioner.

Mr. Ghulam Dastagir Shahani, advocate for respondents No.3 to 6.

Miss Shazia Surahiyo, State Counsel.

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                   Through this Constitutional Petition, petitioner Ghulam Rasool Kharos has prayed for the following relief(s):

a) This Honourable Court may graciously be pleased to restrain respondents from causing unnecessary and illegal harassment to the petitioner and all the villagers on the for using old passage near Mir Wah ji Karr along survey No.281 in deh Waris Abad, Tapo Dakhan, Taluka Garhi Yasin, District Shikarpur and do not disturb or stop any body from using this old passage and d not close the same in future.

b) That this Honourable Court be further pleased to direct the respondents No.1, 2 & 7 to provide legal protection to the petitioner and all the villagers from the wrongful acts of respondents No.3 to 6 while using the old passage near Mir Wah Ji Karr along survey No.281 in Deh Waris Abad, Tapo Dakhan, Taluka Garhi Yasin, District Shikarpur.

c) That this Honourable Court be further pleased to direct the respondents No.1 to 6 to submit undertaking in writing that they will never cause hindrance/obstruction in the way of petitioner and all the people using the old passage near Mir Wah Ji Karr along survey No.281 in deh Waris Abad, Tapo Dakhan, Taluka Garhi Yasin, district Shikarpur so that they may be able to go to the graveyard of village.

d) Award costs.

          Mr. Ghulam Dastagir Shahani, advocate for respondents No.3 to 6 and Miss Shazia Surahiyio, learned State Counsel appearing on behalf of the official respondents submitted that they have no objection if a passage is constructed by the petitioner through his lands in presence of the Mukhtiarkar concerned. It is ordered that Mukhtiarkar concerned  shall be present at the site along with relevant record at the time of construction of the passage through lands of petitioner.

                   Petition is disposed of accordingly.

Judge