ORDER SHEET

 

IN THE HIGH COURT OF SINDH, CIRCUIT COURT,

HYDERABAD.

             

C.P. No. D  – 1418    of 2013.

                                    C.P. No. D  – 1420    of 2013.

 

DATE                                     ORDER WITH SIGNATURE OF JUDGE

25.03.2015.

 

            FOR KATCHA PESHI.

            Mr. M. Saleem Hashmi, Advocate for the petitioner.

Mr. Allah Bachayo Soomro, Addl. A.G. Sindh along with Ashique Ali XEN Hala Division, Shamshad Ali Channa AXEN and Mohkamdin Baloach AXEN Masu Sub-Division.

 

            Mr. Altaf Hussain Khokhar, Advocate for respondent No.4.

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            In both the petitions the parties are same. The grievance of the petitioner is that he filed complaint to the Executive Engineer Hala Division Irrigation Department for taking action against the respondent No.4 against the misusing of water. It has also been prayed that despite filing the complaint the competent authority has failed to decide the same therefore he has approached this Court for seeking directions against the respondents No.2 and 3 to decide the petitioner’s complaint.

            The learned counsel appearing for respondent No.4 though controverted the allegations raised in the petition or the complaint against the respondent No.4 however, he admits that the complaint is still pending and no order has been passed by the respondents No.2 and 3.

            Ashique Ali Executive Engineer Hala Division is also present when we confronted him whether the complaint lodged by the petitioner has been decided or not, he submits that after filing the complaint, the petitioner has approached this Court and filed Constitutional Petitions so during pendency of the petitions he did not decide the complaints. However, learned A.A.G. submits that if some time may be allowed, the respondent No.2 will decide the complaints and pass appropriate orders after hearing the petitioner and the respondent No.4.

            The counsel for the petitioner and respondent No.4 both are satisfied on this statement. The petitions are disposed of with the directions to the respondent No.2 to decide the complaints of the petitioner in accordance with law within one month after providing ample opportunity of hearing to the petitioner as well as respondent No.4.

The aforesaid petitions are disposed of accordingly.

 

                                                                                    Judge

 

                                                Judge

 

A.