IN THE HIGH COURT OF SINDH

CIRCUIT COURT, LARKANA

Present:

Irshad Ali Shah, J.

Agha Faisal, J.

CP D83 of 2022                   :           Khadim Hussain &another vs.

Sajid Hussain & others.

For the Petitioners               :           Mr. Imdad Hyder Solangi, Advocate.

Dates of hearing                  :           08.03.2022.

Date of announcement      :           08.03.2022.

ORDER

Agha Faisal, J.         (1) Granted. (3) Granted; subject to exceptions. (2&4) Briefly stated, an order dated 03.02.2022 was passed by learned Judicial Magistrate-I, Mehar under Section 133 Cr.P.C whereby orders were passed to remedy a public nuisance. Vide order dated 28.01.2022 the learned 1^st Additional Sessions Judge, Mehar, dismissed the revision application  there against by observing that the Government Girls Primary School was being badly damaged by erection of illegal and unlawful construction of wall creating public nuisance. The petitioners claimed that the relevant construction, constituting public nuisance, was constructed lawfully and on the petitioners’ property, hence, the same could not be deemed to be a public nuisance and/or encroachment. It is observed that insofar as the title to property is concerned, any dispute in such regard ought to be agitated before the Court of competent plenary jurisdiction. Insofar as the issue of encroachment is concerned, the same is the domain of learned Anti-Encroachment Tribunal. The learned counsel has remained unable to demonstrate any infirmity with respect to the orders under scrutiny, hence, no case for the exercise of discretionary writ jurisdiction is made out and this petition is dismissed in limine. 

                                                                   JUDGE

JUDGE