ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

C.P No.D- 1575 of 2016

DATE ORDER WITH SIGNATURE OF JUDGE

1. For Katcha Peshi.

2. For hearing of MA 9197/2016.

01.07.2016.

Mr. Muhammad Saleem Chohan, Advocate for petitioners.

Mr. Zulfiquar Ali Rajput, Standing Counsel alongwith Syed Mukhtiar Hussain, SDO, M.M. Shah.

Mr. Allah Bachayo Soomro, Additional A.G. a/w Jawad Ahmed Assistant Superintendent Nara Jail, Anwar Ali Panhwar Assistant Commissioner Latifabad and Zulfiqar Ali Mangi Mukhtiarkar Taluka Latifabad, Hyderabad.

Learned A.A.G. submits that Superintendent Special Prison, Nara, who was directed to appear has gone to perform Umrah. He has produced the copy of his leave notification, which is taken on record. He has also filed the comments of respondents No.4.

It appears that there is some land dispute between the Prison Department and the petitioners which can be decided by separate proceedings whether the land belongs to the Government or the petitioners but the fact remains that the petitioners are residing in the quarters near the Nara Prison where the electricity connection was made available by the HESCO 2/3 months back but electricity connection was disconnected on the complaint of Superintendent Nara Prison/respondent No.3. The learned A.A.G. submits that so far as the disconnection of electricity is concerned, it is between the HESCO and petitioners for which the Prison Department has nothing to do. However, the Prison Department or the Government of Sindh may take action against all the encroachments in accordance with law.

In view of this statement of learned A.A.G, the officials of HESCO undertake that electricity will be restored today. The matter regarding the encroachment, if any, on the government land may be taken up by the Government strictly in accordance with law. The petitioners shall continue to pay their bills of electricity regularly.

The petition is disposed of in the above terms alongwith pending application.

JUDGE

Tufail