ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Constt: Petition.No.D-652 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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Before:

  Mr. Justice Irshad Ali Shah,

 Mr. Justice Shamsuddin Abbasi,

 

01.  For orders on M.A.No.2984/2021 (U/A).

02.  For orders on office objection “A”.

03.  For orders on M.A.No.2985/2021 (E/A).

04.  For hearing of main case.

30.11.2021

 

                        Mr. Mazhar Ali Mangan, Advocate for the petitioner.

                       

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                        Heard.

                        The petitioner by way of instant constitutional petition has sought for removal of water-course from Survey No.573, Deh and Tapo Kallar, Taluka Qamber, for the reason that it has been erected illegally. The removal of water-course involving factual controversy could not be ordered by this Court in exercise of its constitutional jurisdiction under the pretext of its being illegal. Consequently, the instant constitutional petition being misconceived is dismissed in limine together with listed applications, directing the petitioner to exhaust his remedy before the Court/forum having jurisdiction, if so is advised.  

J U D G E

 

     J U D G E