ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

C.P No.D- 1581 of 2010

DATE             ORDER WITH SIGNATURE OF JUDGE

                        1. For orders on office objection

                        2. For orders on M.A 2900/15

                        3. For Katcha Peshi

                        4. For hearing on M.A 4826/11

                        5. For hearing on M.A 4827/11

                        6. For hearing on M.A 5222/11

                        7. For orders on M.A 2901/15

30.04.2015.

                        Mr. Bisharat Ali Memon advocate for the petitioner.

Mr. Allah Bachayo Soomro, Additional A.G along with Mr. Imtiaz Hyder Memon, Assistant Executive Engineer Irrigation Tando Muhammad Khan.  

Mr. Muhammad Sajjad Soomro advocate for Intervenor.

                                                                        =

            The order dated 14.06.2011 passed by this Court reads as under:-

“Pursuant to notice issued in this petition, Respondent No.3 appeared and files statement submitting that he inspected Shaikh Bhirkio Distry and found that influential Khatedars have put dika/fall much more than the design which obstruct the flow of water to the petitioner’s watercourse which is to be removed and reduced upto the design. He prayed that the D.P.O Tando Muhammad Khan be directed to cooperate and provide police force so that the unauthorized increased fall/dika may be removed from the channel at RD. 16.00 Ex-Shaikh Bhirkio Distry.

D.P.O Tando Muhammad Khan is directed to provide police aid to Mir Ghulam Ali XEN Nasir Division on 17.06.2011 enabling him to remove unauthorized increased fall/dika from the channel at RD. 16.00 Ex-Shaikh Bhirkio Distry.

Mir Ghulam Ali XEN Nasir Division is directed to approach the D.P.O Tando Muhammad Khan on the said date and compliance report be submitted within one week hereof.”

            Despite passing this order it is still un-complied and the contempt application is also pending against the Chief Engineer, Irrigation Department Sukkur Barrage. Today, Mr. Imtiaz Hyder Memon, Assistant Executive Engineer Tando Muhammad Khan is present. We could out rightly issue show cause notice against the alleged contemnors but on the assurance of the Assistant Executive Engineer Irrigation Tando Muhammad Khan that the order dated 14.06.2011 will be complied with in letter and spirit within 20 days without any further delay. So we are for the time being deferring the action against the contempt. He further submits that earlier the DPO Tando Muhammad Khan was directed to provide police aid to the XEN Nasir Division for removing unauthorized increased fall/dika from the channel at RD.16.00 Ex-Shaikh Bhirkio Distry so in order to smoothly remove the fall/dika from the Channel he requests that some protection may be provided. The SSP Tando Muhammad Khan is directed to provide proper security and protection to the officers of Irrigation Department who will visit the site for the purposes of aforesaid removal, however, before starting the removal work, the Assistant Executive Engineer Mr. Imtiaz Hyder Memon will write a letter to the SSP Tando Muhammad Khan with specific date and time on which the SSP will ensure the proper protection and security and he will also deploy the reasonable police force for protection. On this undertaking the counsel for the petitioner is satisfied. Petition is disposed of along with listed applications. The compliance report shall be submitted within ten (10) days after expiry of stipulated time granted for compliance. The report shall be submitted through Additional Registrar of this Court.

                                                                                                  JUDGE            

                                                                        JUDGE

Ali Haider/P.A