ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

PRESENT:

Mr. Justice Aqeel Ahmed Abbasi

Mr. Justice Mahmood A. Khan

C.P. No.D-2257 of 2023

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.10925/2023 (Urgent).

2. For order on CMA No.10926/2023 (Exemption).

3. For order on CMA No.10927/2023 (Stay).

4. For order on CMA No.10928/2023 (Inspection).

5. For hearing of main case.

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Dated; 11^th May 2023

M/s. Muhammad Farhan and Asif Ibrahim, Advocates for Petitioner.

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1. Urgency granted.

2. Exemption granted subject to all just exceptions.

3-5. After hearing the matter at some length, it appears that no sufficient cause has been shown by the petitioner to invoke the extraordinary jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, which may require this Court to issue writ against private respondent in respect of some alleged business activity by the private respondents in residential house, which according to petitioner, creates nuisance in the area. Whereas, petitioner has an alternate remedy to approach the relevant authorities including concerned Deputy Commissioner or the Judicial Magistrate, while pointing out the public nuisance, if any, being caused by the respondents. Moreover, no material appears to have been placed on record to support such allegations. Accordingly, instant petition is misconceived and not maintainable, which is hereby dismissed in limine. However, the petitioner will be at liberty to seek appropriate remedy against his lawful grievance, if any, by approaching the relevant forum/authority in accordance with law.

J U D G E

*Farhan/PS/Nadeem*