ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

                                      C.P.No.D-1901  of 2010. 

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

FOR KATCHA PESHI.

06.2.2013

Mr. Nisar Ahmed G. Abro,  and Mr. Imdad Ali Mashori, advocates for petitioner.

Mr. Irfan Ali Bhurgari, advocate files power on behalf of Nisar Mustafa Shaikh, the respondent.

                        Mr. Mushtaque Ahmed Kourejo, Standing Council.

                                                            -.-.-.-.-.-

                        This appears to be a simple case for the recovery of outstanding dues of stationary and photo copy bills which per learned counsel standing against the respondents. The petitioner has prayed as under :

a) That this Honourable Court may kindly be pleased to direct the respondents No.2 to 14 to clear outstanding of Stationary and Photo copies bills to the petitioner, further loss of time, as the petitioner can run his shop to earn butter and bread for his family.

            We have gone thorough the case file. The respondents have categorically denied the claim of the petitioner and submitted that the allegation made in the petition is false and frivolous and further the respondents have categorically and vehemently denied the dues of the petitioner. They further stated that nothing is outstanding against them. They have further stated that the petitioner has alternate remedy to avail under the law which is more efficacious, which the petitioner has failed to exercise. Learned counsel for respondents has relied upon the case of Javed Iqbal Raja reported in PLD 2010 Supreme Court 969, in terms whereof it is held that the alternate remedy is more beneficial and likely to set the controversy at naught completely, jurisdiction under Art. 199 of the Constitution cannot be exercised. In view of such submissions and after hearing both the counsel at length and straight away denial, this petition is not maintainable, the petitioner may seek their remedy before the appropriate forum in accordance with the law. Petition stands disposed of.

Judge