ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

                                                                        C.P No. D- 778 of 2009

DATE         ORDER WITH SIGNATURE OF JUDGE

17.11.2009

Mr. Tariq Ahmed, Advocate for the Petitioners along with Petitioners and Muhammad Sharif and Ali Hassan.

Mr. Muhammad Azeem Panhwar, State Counsel along with SIP Maqbool Ahmed, S.H.O, S.P.O Irfan Ahmed Shah, and SIO Abdul Rauf, of P.S Tando Muhammad Khan, Allah Bachayo Bhatti, Mukhtiarkar Revenue, Tando Ghulam Hyder. 

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            We show our displeasure over the working of the SIP Maqbool Ahmed, S.H.O P.S Tando Muhammad Khan. The injured Muhammad Sharif present in Court states that the FIR has been registered by the S.H.O in which the injured persons have been nominated but the FIR wherein the injuries were caused by the rival group has not registered. It is further stated that after the notice of this Petition, the raids were conducted by the S.H.O and two of the persons namely Muhammad Sharif and Ali Hassan were unauthorizedly detained by the S.H.O Maqbool Ahmed in the Police Station. Muhammad Sharif has stated in Court that he was called by the S.H.O and was detained and he new the person, who has taken him to Police Station. He also states that another person namely Ali Hassan was also taken to Police Station. The S.H.O at the first instance denied that Muhammad Sharif was detained by the police but then he admitted that he was detained because the FIR was registered and he concedes that he was not nominated in the FIR. The S.H.O has made false statement before this Court and therefore, we direct the D.P.O Tando Muhammad Khan to post him out and should not be assigned field posting for atleast one year. We do not want to direct the Authority to initiate departmental proceedings against the S.H.O as we believe that the punishment restricting to field posting is enough for such an officer. The D.P.O Tando Muhammad Khan is directed to lodge FIR of the Petitioners and take action against those, who are guilty, in accordance with law.

We direct the Mukhtiarkar, Tando Ghulam Haider, and the Director Settlement to demarcate the land. A proper application be made to the Mukhtiarkar and the Director Settlement, who should demarcate the land within 15 days from the date of application, and the Mukhtiarkar shall remove any illegal construction if it is found within the land owned by the Petitioners. The E.D.O Works shall not encroach upon the land of the Petitioners for the purposes of constructing the road unless the Petitioners are compensated in accordance with law. Copy of this order be faxed to the D.P.O Tando Muhammad Khan for compliance.

This petition stands disposed of in the above terms.                                                                                          

                                                                        JUDGE

                                                            JUDGE