IN THE HIGH COURT OF SINDH

CIRCUIT COURT, LARKANA

 

Present:

Irshad Ali Shah, J.

Agha Faisal, J.

 

CP D- 366 of 2018               :           Noor Nabi Shaikh vs.

Secretary to Govt. of Sindh, Local

Government Department &Others

 

For the Petitioner                 :           Mr. Ali Nawaz Junejo, Advocate

 

For the Respondents          :           Mr. Abdul Hamid Bhurgri, Addl. A.G.

                                                           

Dates of hearing                  :           08.02.2022.

 

Date of announcement      :           08.02.2022.

 

 

ORDER

 

Agha Faisal, J.         The present petition seeks directions for the petitioner to be allowed to perform his duties in Larkana Development Authority and also seeks payment of salaries w.e.f. 15.06.2016.The comments filed by the concerned respondents denote that the documentation relied upon by the petitioner is forged and fabricated. It is further averred that the petitioner habitually prefers frivolous proceedings seeking entitlement to government benefits and in such regard NAB enquiry is also pending there against.Be that as it may, it is apparent that the lis before us is fraught with factual controversies, not amenable for determination in writ jurisdiction[1], there is the issue of laches andeven otherwise no vested right has been demonstrated before us to merit invocation of the discretionary[2] writ jurisdiction of this Court. In view hereof, this petition is found to be misconceived and hereby dismissed.

 

                                                                   JUDGE

 

JUDGE

                  

 



[1]2016 CLC 1; 2015 PLC 45; 2015 CLD 257; 2011 SCMR 1990; 2001 SCMR 574; PLD 2001 Supreme Court 415

[2]Per Ijaz Ul Ahsan J. in Syed Iqbal Hussain Shah Gillani vs. PBC & Others reported as 2021 SCMR 425; Muhammad Fiaz Khan vs. Ajmer Khan & Another reported as 2010 SCMR 105.