ORDER SHEET

THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO

C. P. No. D-784 of 2023

Date	Order with signature of Judge

1. For orders on M.A No. 2751/2023. (Urgency application)

2. For order on office objection.

3. For orders on M.A No. 2752/2023. (Exemption Application)

4. For hearing of main case.

20-12-2023

Mr. Syed Kazim Raza Shah, advocate for the petitioner.

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It appears that the petitioner had already filed C.P. No. D-714/2021 before this court in which directions were issued to the respondents/ department to decide the fate of appeal filed by the petitioner.

2. Upon the directions of this court, the appeal filed by the petitioner before the department was heard and decided by the competent authority/respondents No. 1 and 2, who after having heard the parties have declined the appeal filed by the petitioner, hence this petition has been maintained.

3. We have asked the learned counsel to satisfy the court as to how instant petition is maintainable when alternate remedy is available and has not been opted by the petitioner. He, therefore, submits that by disposing of instant petition and covering the limitation, time may be given to him so that he may approach to the N.I.R.C for the redressal of his grievance.

4. Mr. Oshaq Ali Sangi, Assistant Attorney General as well as Mr.Javed Ahmed Soomro, learned counsel for respondents in C. P. No.D-714/2021, present before the court in connection with other matters, while waiving notice of the petition, have recoded their no objection. Mr. Javed Ahmed Soomro advocate submits that prior to this, the petitioner had availed remedy before the N.I.R.C, however, after decision on his appeal by the department on 24.08.2022, he has not approached the N.I.R.C.

5. Accordingly and in view of above circumstances, instant petition is hereby disposed of along with pending applications with no order as to costs. Petitioner is at liberty to submit proper appeal before the N.I.R.C as prescribed under the law.

Judge

Abdul Salam/P.A