IN THE HIGH COURT OF SINDH
CIRCUIT COURT, LARKANA
Present:
Irshad Ali Shah, J.
Agha Faisal, J.
CP D 263 of 2019 : Rajal Dasvs.
Superintending Engineer SEPCO &Others.
For the Petitioners : Mr. Pardeep Kumar, Advocate.
For the Respondents : Mr. Abid Hussain Qadri, Advocate.
Mr. Muhammad Imran Abbasi, Assistant
Attorney General.
Dates of hearing : 15.02.2022.
Date of announcement : 15.02.2022.
ORDER
Agha Faisal, J. The petitioner, representing himself to be the proprietor of an oil mill, claims to be aggrieved by the placement of a transformer on the adjacent private property of the respondent No.6 and has filed this petition for redressal of his ostensibly private grievance. The impleaded official respondents have filed a comprehensive report demonstrating that the transformer in question is within the limit of the area owned by the respondent No.6 and at a distance from the property of the petitioner.It is settled law that a writ under Article 199 of the Constitution ought not to be issued in respect of private respondents and even otherwise the petitioner seeks enquiries of a factual nature, which is not amenable for adjudication in writ jurisdiction[1].It is noted that the primary grievance appears to be against a private respondent and the official respondents seem to have been impleaded to seek the adjudication of the grievance before this court, in the exercise of its writ jurisdiction. A Division Bench of this High Court, in Muhammad Saddiq case[2], had deprecated the invocation of the writ jurisdiction in private disputes and had held that such action, merely to overcome objections of the branch with respect to maintainability, cannot but be disapproved. A subsequent Division Bench has also maintained[3] that the masquerade of pleadings to invoke the Constitutional jurisdiction of this court is undesirable.In view of foregoing, the present petition is found to be misconceived,hence, hereby dismissed.
JUDGE