ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

C.P.No.D- 1908 of 2015

 

DATE        ORDER WITH SIGNATURE OF JUDGE

1. For orders on MA 8618/16.

2.For orders on office objection.

3. For katcha peshi.

 

14.06.2016.

 

                        Mr.Muzaffar Ali Leghari, Advocate for petitioner.

                        Mr. Allah Bachayo Soomro, Additional A.G

                       

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1.         Urgency granted.

 

2&3.   The petitioner has prayed that the Respondents No.1 and 2 be directed to ensure removal of the illegal and unauthorized encroachment from the area of sanctioned Nali of LolanShakh by taking legal and coercive action. The Assistant Executive Engineer, Irrigation Department has filed comments on behalf of Respondent No.1. In response to Para-5 of the petition, it is clearly mentioned that the private respondents were asked number of times to remove the encroachment from area of watercourse (share list), but they avoided. Even, the police aid was asked for removal of such encroachment but all bonafide efforts of irrigation officials failed due to law and order situation as police is not providing proper and full assistance despite repeated requests.

Though notices have been issued to the Respondents No.3 to 7, but they are called absent, nor they have filed any comments. Since clear admission has been made in the comments of Respondents No.1 and 2 regarding encroachment in the watercourse, therefore, this petition is disposed of with the directions to Respondents No.8 and 9 to provide proper help, assistance and security to the Respondents No.1 and 2, so that they may be able to remove the encroachment from the watercourse. The Respondents No.1 and 2 may also lodge FIR in accordance with law. Compliance report be submitted to this Court

 

                                                                                                                                JUDGE

                                                          JUDGE                                   

Ahmed/Pa