IN THE HIGH COURT OF SINDH

CIRCUIT COURT, LARKANA

 

Present:

Irshad Ali Shah, J.

Agha Faisal, J.

 

CP D- 58 of 2022                 :           Madad Ali Brohi vs.

SHO, P.S Behram & others.

 

For the Petitioner                 :           Mr. Ghulam Muhiyuddin Durrani, Advocate.

                                                           

Dates of hearing                  :           16.02.2022.

 

Date of announcement      :           16.02.2022.

 

 

ORDER

 

Agha Faisal, J.         (1) Granted. (3) Granted subject to all exceptions. (2), (4) & (5) The petitioner seeks the name of a dispensary in his village to be changed to reflect name of his father. It is further prayed that the construction of the Government Dispensary under any other name may be declared to be illegal and that all construction work may be brought to a halt pending adjudication hereof. Petitioner's counsel was asked to show any document in order to demonstrate any vested right to the relief claimed, however, he remained unable to do so. In so far as the prayer to halt construction is concerned, it is inconceivable to even consider the same as it would severely prejudice the access of the citizens to healthcare. It is apparent that no vested right has been demonstrated before us to merit invocation of the discretionary[1] writ jurisdiction of this Court and even otherwise this matter is fraught with factual controversy, not amenable for adjudication in writ jurisdiction[2]. In view hereof, this petition is found to be without merit and is hereby dismissedin limine.

 

 

                                                                   JUDGE

 

JUDGE

                  

 



[1]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.

[2]2016 CLC 1; 2015 PLC 45; 2015 CLD 257; 2011 SCMR 1990; 2001 SCMR 574; PLD 2001 Supreme Court 415.