ORDER
SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Const.
Petition No.D-1563 of 2017
|
Date |
Order with
signature of Judge |
For katcha
peshi
28.03.2018
Mr.
Abdul Raheem Jamro, Advocate for petitioner
Mr.
Riaz Ali Shaikh, Advocate for respondent No.6
Mr.
Noor Hassan Malik, Assistant Advocate General Sindh
a/w
Dr.Darban Ali, Deputy Director Live Stock Khairpur
-------------------------
Through instant petition the petitioner is
primarily seeking the possession of government quarter No.3, allotted to
petitioner, as claimed by him. Petitioner is an employee in live Stock and Animal
Husbandry department and at present working at Veterinary Hospital Ranipur,
Taluka Sobhodero, District Khairpur.
In
response to notices of this petition, on 29.8.2017, respondent No.6
(Rehmatullah) was present and claimed that the subject quarter has been rented
out to him by the petitioner. Learned counsel for the petitioner has argued
that the respondent No.6 is illegally occupying the above quarter and when the
petitioner attempted to get the possession, the said respondent No.6
surreptitiously filed civil and criminal litigation against the petitioner, in
order to prolong his illegal occupation.
On
the other hand, the counsel for respondent No.6 has controverted the arguments
of counsel for the petitioner and has filed a statement where under he has
appended an agreement purportedly between petitioner and respondent No.6 in
respect of subject quarter and copy of the plaint of civil suit No.119/2017
filed by said respondent No.6 against the present respondents.
It
is an admitted position, so also argued by the learned AAG that the subject
quarter is a government property which is allotted to those who are entitled
for the same. Today respondent No.7 (Deputy Director Liver Stock / Animal
Husbandry Khairpur) who is the employer of petitioner, is present and has filed
his parawise comments, according to which, inter
alia, the subject quarter was allotted to the petitioner way back on
20.2.2014 vide a correspondence dated 20.02.2014 (appended with the comments) but
on account of illegal occupation of respondent No.6 the same could not be
handed over to petitioner. The said parawise comments is also accompanied by an
order dated 16.01.2018 passed in the afore referred civil suit, whereby the
plaint whereof was rejected by the learned trial Court. This fact has been
concealed / suppressed by the respondent No.6, the latter has no defence to
offer, except what is stated above. From the reply of official respondent, it
is clear that the subject quarter was allotted to the petitioner.
In
view of the above, the present petition is allowed and respondents are directed
to handover the physical and vacant possession of the subject government quarter
to petitioner within a week from today.
.
JUDGE
JUDGE
Suleman Khan/PA