Nadeem Iqbal & Ors. (Petitioner) VS Province of Sindh & Ors. (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

C.P No.D-448 of 2016

DATE ORDER WITH SIGNATURE OF JUDGE

Mr. Allah Bachayo Soomro, Additional A.G Sindh

None present on behalf of the petitioners. No intimation is received. Since no one is present on behalf of the petitioners, therefore, we ourselves have gone through the contents of petition and it appears that through this constitutional petition the petitioners have prayed for issuance of directions to official respondents to remove the alleged illegal encroachment from Government Plot bearing No.66 situated at Tower Market, Hyderabad.

It is noted that this petition was filed on 07.03.2016; almost four years have been passed but the same is not being pursued by the petitioners diligently. Even otherwise, this petition is not maintainable for the reason that the relief(s) sought by the petitioners cannot be looked into by this Court at this stage as the petitioners have appropriate remedy for the same before the Anti-Encroachment Tribunal having jurisdiction, which has not been exhausted by the petitioners before filing this petition. Accordingly, this petition being misconceived and not maintainable stands dismissed alongwith listed application, leaving the petitioners at liberty to approach the concerned forum for redressal of their grievance, if any, if they so desire as per law and on filing such proceedings, the same shall be decided by the competent forum strictly in accordance with law.

JUDGE

JUDGE

Sajjad Ali Jessar