IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

 

        Constt. Petition No.D-1599 of 2023

        

        

DATE OF

HEARING

 

ORDER WITH SIGNATURE OF JUDGE.

 

                               

1.    For orders on M.A No.6949/23.

2.    For orders on O/objection at flag-A

3.    For orders on M.A No.6804/23.

4.    For hearing of bail application.

 

                                          

 

 

15.11.2023

 

 

Mr. Saifullah Soomro, Advocate for petitioner.

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           Through this petition the petitioner prays as under;

a)   That this Honourable Court may be pleased to declare the discrimination act of respondent No.2 to 11 for stopping the water and removing the transformer lifting sanctioned machine to the landed property of the petitioner is illegal and against the law and natural justice.

 

b)   That this Honourable Court may be pleased to direct the respondents of irrigation to provide the water from the said sanctioned machine which is in the previous owner of the landed property.

 

c)    That this Honourable Court may be pleased to direct the respondent of the SEPCO Authority to restore the transfer on its original position as the petitioner is paying regularly monthly bill of Electricity.

 

d)   That this Honourable Court may be pleased to restrain the respondents No.2 to 11 from making any disturbance for providing the water, either directly or indirectly, till the final disposal of this petition.

 

 

          Learned counsel for the petitioner when was asked as to the ownership of the land and the subject machine he replied that petitioner purchased the same through an unregistered agreement and further admitted that irrigation authorities have not stopped the water but since the SEPCO authority has taken the transformer therefore, he is unable to irrigate his lands. On query as to whether petitioner approached the SEPCO authority for redressal of his grievance, learned counsel negated the same. The petitioner directly approached this Court by filing Constitution Petition without availing the alternate remedy available to him same being not maintainable and is dismissed by leaving the petitioner to avail his remedy available to him under the law.

 

          The petition is disposed of in the above terms.

 

 

                                                                                                                     J U D G E

 

                                                                                             J U D G E

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ihsan/*