ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Constt: Petition.No.D-100 of 2022.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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01. For orders on M.A.No.486/2022 (U/A).

02. For orders on office objection at “A”.

03. For orders on M.A.No.487/2022 (E/A)

04. For hearing of main case.

15.03.2022

                        Mr. Abdul Rehman Bhutto, Advocate for the petitioner.

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                        The petitioner apprehending encroachment over the public street by his neighbor Pawan Kumar sought for its prevention by making an application under section 133 Cr.PC, it was dismissed by learned 2^nd Judicial Magistrate, Kashmore, vide order dated 18.11.2021, which was impugned by him by preferring revision application; it was also dismissed by learned Additional Sessions Judge, Kashmore, vide order dated 09.02.2022, which is impugned by the petitioner before this Court by preferring the instant constitutional petition.

                        It is contended by learned counsel for the petitioner that the encroachment has actually been made over the public street by the private respondent, which is causing public nuisance; therefore, the learned Courts below ought not to have dismissed the application of the petitioner; such dismissal being illegal is liable to be set aside by this Court.

                        Heard arguments and perused the record.

                        As per pleadings, it was an attempt to make encroachment over the public street on the part of private respondent by raising construction of his house. The learned trial Magistrate has concluded in his order that the private respondent has not created any nuisance or obstruction over the public street; such order is maintained by learned revisional Court. Nothing has been brought on record, which may suggest that the findings of the learned Courts below were contrary to the record. No case for making interference with concurrent findings of the learned Courts below is made out. Consequently, the instant constitutional petition being misconceived is dismissed in limine together with listed applications.

JUDGE

JUDGE