ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

                                                C.P.No.D- 3050  of  2015

DATE        ORDER WITH SIGNATURE OF JUDGE

          1. For orders on MA 2028/2016.

          2. For Katcha Peshi.

          3. For orders on MA 2029/2016.

Date of hearing:    12.02.2016.

Mr. Mazhar Ali Leghari, Advocate for petitioner.

Mr. Muhammad Arshad S. Pathan, Advocate for respondent No.8.

Mr. Ashfaque Nabi Kazi, Assistant A.G.

KHADIM HUSSAIN M. SHAIKH, J:   Through this petition, the petitioners have sought for the following relief:-

“a)   Declare that acts of the respondents No.8 to 11 are illegal, unlawful, malafide, ab-initio, un-constitutional and direct the respondents No.2 to 5 to  take stern legal action into the  matter and not allow the respondents No.8 to 11 to launch/work one Scheme over C.S. No.3095 as same is located on industrial/central Floor Mill.

b)    Direct the respondent No.7 not to cause any sort of harassment to the petitioners and their family members at the instance of respondents No.8 to 11.

c)     To direct the respondent No.7 to provide safety and protection of life, property, honour and prestige to the  petitioners and their family members at the hands of respondents No.8 to 11.

d)    Any other relief which this Honourable Court deems just, fit and proper may also be provided to the petitioner.”

          Learned advocate for the petitioner has contended that the petitioners are residents of Rehman Town Hyderabad; the respondents No.8 to 11 by launching a Residential Housing Scheme styled as “Zulfiqar Housing Society” in C.S. No.3095 (the property of Central Floor Mill), are trying to occupy 30 feet wide road; the petitioners approached the concerned competent authorities to issue permission of launching scheme but to no avail; the petitioners apprised the aforesaid facts to the respondents No.2 to 7 but they instead of taking action against the private respondents are harassing and teasing the petitioners by giving them threats of dire consequences. He therefore, prays that act of private respondents No.8 to 11 be declared as unlawful, malafide, ab-initio, void and to direct the respondents No.2 to 5 to intervene into the matter and not to allow the private respondents No.8 to 11 to launch / work scheme over City Survey No.3095 and further direct the respondent No.7 not to cause any sort of harassment to the petitioners and their family members and to provide protection to the petitioners.

          From the face of record, the matter is involving dispute between two private parties over launching the Residential Housing Scheme styled as “Zulfiqar Housing Society”. It is well settled that dispute between two private parties over the matter like matter in hand cannot be sifted or decided in these proceedings under the provisions of Article 199 of Constitution of Islamic Republic of Pakistan, 1973. On a query as to how this petition is maintainable, learned advocate for the petitioner has not been able to satisfy us on the maintainability of this petition. Accordingly, the petition being not maintainable is hereby dismissed with no order as to costs alongwith listed applications. However, petitioners shall be at liberty to avail the remedy, if any, available to them before the forum of competent jurisdiction.          

                                                                                       JUDGE

                                                          JUDGE

Tufail