ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P.No.D-298 of 2010

DATE         ORDER WITH SIGNATURE OF JUDGE

1. For Katcha Peshi.
2. For order on MA 1068/2010.
3. For hearing of MA 2457/2011.

06.04.2011.

Mr. Ayatullah Khuwaja Advocate for the Petitioner

Mr. Allah Bachayo Soomro, Additional A.G.  a/w Niaz Ali Lashari AXEN o/b XEN Nasir Division.

Respondent No.6 in person.

                        =

            The grievance of the Petitioner is that the Respondent No.6 is excavating the water course on his land. The Respondent NO.6 present in Court denies the exvacation of water course on the land of the Petitioner. He says that the excavation of water course is on the Government land and he has obtained NOC from the Highway Department and he has no intention whatsoever to excavate the water course on the land of the Petitioner. He further submits that the apex Court in Civil Petition No.590-K/2009 has even directed the Highway Authorities for issuance of NOC which has been issued upon payment. Since the Petitioners do not object excavation of the water course but state that it should not be excavated on their land and the Respondent No.6 has made statement in unequivocal terms that the water course should not be carried out on the land of the Petitioners, therefore, in the above terms, this petition stands disposed of alongwith listed applications.

                                                                                                JUDGE

                                                                        JUDGE

A.K.