ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

DATE ORDER WITH SIGNATURE OF JUDGE

1. For order on office objection No.1 alongwith reply as flagged.

2. Forkatcha peshi

3. For hearing of M.A. 5370 of 2011.

10-03-2015.

M/s. Muhammad Sachal R. Awan and Ghulam Hussain Qureshi, advocates for the petitioner.

Mr. Amjad Ali Mangi, advocate holding brief for Mr. Ayaz Hussain Tunio, advocate for respondent No.1.

Mr. Bahadur Ali Baloch, advocate for respondent No.2.

Mr. Anwar H. Ansari, State Counsel.

This petition has been filed against respondent No.1, who is a private builder. A prayer has been made for restoration of Unit No.37, Category “A” Block “B” in Abdullah Arcade, situated at Qasimabad, Hyderabad to the petitioner as, according to the petitioner, he has already paid the entire amount except H.B.F.C. loan. The petitioner has further prayed that directions be issued to respondent No.2 (Director General, H.D.A.) to blacklist the builder, who is playing fraud with the public.

Since the main prayer is against the private person/builder, who is not amenable to the writ jurisdiction of this Court under Article 199 of the Constitution, therefore, petition is not maintainable. Even otherwise, there is factual controversy and civil dispute, which cannot be resolved in the constitutional jurisdiction. If petitioner feels that the builder has committed fraud or any criminal act by not handing over the possession of the unit, the appropriate remedy is available under the criminal law by filing complaint against any such fraud or corrupt practice. Similarly, for securing the possession, the petitioner may also approach to the civil court in accordance with law.

In view of above, this petition is dismissed. However, the petitioner may avail appropriate remedy in accordance with law.

JUDGE