IN THE HIGH COURT OF SINDH

CIRCUIT COURT, LARKANA

Present:

Irshad Ali Shah, J.

Agha Faisal, J.

CP D-  83 of 2017                :           Anwar Ali & others vs.

Province of Sindh &Others

For the Petitioners               :           Mr. Abdul Rehman Bhutto, Advocate

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

Dates of hearing                  :           09.02.2022.

Date of announcement      :           09.02.2022.

JUDGMENT

Agha Faisal, J.         The petitioners seek issuance of physical fitness certificates and subsequently appointment orders pursuant to a purported office letter issued in 2013. At the very onset the learned counsel was confronted with respect to the maintainability hereof on account of laches, as the cause of action was claimed to have accrued in 2013, however, the present petition was filed in 2017. Learned counsel remained unable to provide any cogent justification in such regard. In similar circumstances, the Hon’ble Supreme Court[1] had been pleased to observe that issue of laches would have to be satisfied prior to consideration of any further matter and as such had dismissed the pertinent petition. In view of the squarely binding ratio of the Hon’ble Supreme Court, this petition is found to be misconceived, on account of laches, and is hereby dismissed.

                                                                   JUDGE

JUDGE

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[1]Per Nasir ul Mulk CJ.in Muhammad Arif & Others vs. Province of Sindh & Others (CP 186-K of 2013); judgment dated 01.04.2015.