ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

DATE ORDER WITH SIGNATURE OF JUDGE

For katcha peshi.

10-03-2015.

Mr. Karamullah Memon, Associate of Mr. Haji Khan Hingorjo, advocate for petitioner.

Mr. Allah Bachayo Soomro Additional A.G. Sindh.

The petitioner has prayed for direction against the respondents No.5 to 7 not to stop them from using the water from well for drinking purpose. He has also prayed that respondents No.1 and 2 be directed to provide them protection.

The learned Additional A.G. has filed comments of S.S.P. Tharparkar at Mithi, in which he has clearly stated that when the petitioner will approach him, legal protection will be provided to him and his family members. One report of Mukhtiarkar Chachro is also attached with the said comments, in which he has stated that from his spot enquiry it revealed that petitioner is not using the well, situated in the vacant area of S.No.123. It is further stated in the report that petitioner and other inhabitants of his mohallah are using another well, which is near to their houses. It is also stated that respondents No.5 to 7 have not restrained him from getting water from the well. The path for the cattle was also seen open. However, it is stated that the disputed land is owned by the Government for which the matter will be defended.

After filing such comments, learned counsel for the petitioner is satisfied, however, he submits that protection may be provided to him, for which S.S.P. Tharparkar has filed his comments that as and when petitioner approaches him he will provide protection to the petitioner and his family members, so the petitioner may approach SSP for this purpose.

This petition is disposed of accordingly.

JUDGE