Muhammad Yaqoob (Petitioner) VS Prov of Sindh & Others (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

C.P No.D-1616 of 2012

DATE ORDER WITH SIGNATURE OF JUDGE

Mr. Ayaz Karim Memon, advocate for respondent No.6 Mr. Allah Bachayo Soomro, Additional A.G Sindh

None present on behalf of the petitioner. No intimation is received. Since no one is present on behalf of the petitioner, therefore, we ourselves have gone through the contents of petition and it appears that through this constitutional petition the petitioner has prayed for issuance of directions to official respondents to remove the alleged illegal encroachment at public street of Azizabad Colony, Chandia Goth Qasimabad Hyderabad It appears that this petition is pending since 2012 and the same is not maintainable for the reason that the relief(s) sought by the petitioner cannot be looked into by this Court at this stage as the petitioner has appropriate remedy for the same before the Anti-Encroachment Tribunal having jurisdiction, which has not been exhausted by the petitioner before filing this petition. Accordingly, this petition being misconceived and not maintainable stands dismissed alongwith listed applications, leaving the petitioner at liberty to approach the concerned forum for redressal of his grievance, if any, if he so desires 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