ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

                                                C.P No.D-914 of 2009.          

DATE         ORDER WITH SIGNATURE OF JUDGE

                        1. FOR KATCHA PESHI.

                        2. FOR HEARING OF MA NO.3875/09.

02.03.2010.

Mr. Ayatullah Khuwaja, Advocate holding brief for

Mr. Mansoor Ahmed Khan, advocate for Petitioner.

Mr. Allah Bachayo Soomro, Addl. A.G Sindh a/w Mr. Muhammad Nawaz Otho, D.O Roads, Mr. Muhammad Ramzan, E.D.O Education Tando Adam, Dr. Abdul Jalil, E.D.O Health, Tando Adam and         Mr. Ghulam Mustafa Kazi, E.D.O W/S Tando Allahyar.

Mr. Ahmed Pirzada, advocate for Respondent No.2.

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                        Through this petition the Petitioner who has remained District Nazim, Tando Allahyar has sought the following reliefs:-

i. That it be declared that the DCO is liable to follow the instructions of the District Nazim;

ii. The DCO should be directed to release the monies payable for various projects from the accounts of District government and further.

iii. To declare, that the District Government is liable to be paid all monies that are due for the purpose of their projects as approved earlier on account of the fact;

iv. That all the monies that the DCOs & EDOs allowed to lapse before completion of the projects and that such projects, therefore, are to be revived and the monies lapse are liable to be paid to the District Government of Tando Allahyar;

v. To direct the DCOs & EDOs to work in accordance of Local Government Ordinance 2001 and not to take direction from any other person or persons notwithstanding the facts that they have may be posted by the government.

vi. Any other/further order of the Hon’ble Court deemed fit and proper in the facts and circumstances of the case.

vii. Cost of the petition.           

                        However, since vide notification dated 24-02-2010, Government of Sindh, in terms of section 179-A of the Sindh Local Government Ordinance, 2001, has dissolved the Councils including the District Council/Government in Sindh and has also notified that all the Nazim and Naib-Nazim of all the Local Governments including District Governments have in consequence of the above, ceased to hold their respective Offices with immediate effect, where after DCO, has been assigned charge of the District Governments, including that of District Tando Allahyar, this petition has now become infructuous. Mr. Allah Bachayo Soomro, Additional Advocate General, Sindh as well as Mr. Ahmed Pirzada, advocate appearing for Respondent No.2, submit that the business of District Government Tando Allahyar shall be conducted strictly in accordance with law and that they shall be no room for any complaint from any quarter including the Petitioner. Mr. Ahmed Pirzada, Advocate submits that in fact, in view of the forgoing development Mr. Asim Mansoor Khan has informed him that he shall not press the instant petition any more and has requested him to consent to an order that the functions of District Government Tando Allahyar shall be conducted strictly in accordance with law and in a transparent manner. Learned Additional A.G Sindh as well as Mr. Ahmed Pirzada, advocate request that the petition may thus be disposed of accordingly.

                        We would, therefore, dispose of this petition with direction to the Respondents to conduct the affairs of the District Government Tando Allahyar strictly in accordance with law and as prescribed by the relevant rules in a transparent and fair manner.

                                                                                                                        JUDGE.

                                                JUDGE.

A.C