Case Details

Citation(s)
2021 SLG 185 2021 SLD 185 2021 MLD 200
Sindh High Court
Admn. Application No. S-10 of 2013, decision Dated: 8-11-2019, hearing Date : 28th October, 2010.
ADNAN-UL-KARIM MEMON, JUSTICE
Nemo Farhad Ali Abro for
Respondents. Wali Muhammad Jamari, Asstt: A.G. for
Respondents.

MUHAMMAD USMAN MEMON

VS

D.C.O., HYDERABAD AND OTHERS

Law:

Section:

Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction---Conversion of proceedings---Matter of public importance---Scope---High Court took cognizance of the matter regarding dumping of chemical material in a shop on a formal complaint sent to the High Court against the owner of business---High Court observed that no fetters or bar could be placed on the powers of the High Court to convert one kind of proceedings into another and to decide the matter either itself in exercise of its jurisdiction or to order its transfer to another Court having jurisdiction or remit it to Court/forum/authority having jurisdiction on merits---Prima facie the issues involved in the proceedings were of public importance---Office (High Court) was directed to place the case before a Division Bench of High Court for decision in its constitutional jurisdiction. Jane Margret William v. Abdul Hamid Mian 1994 SCMR 1555; Capital Development Authority v. Khuda Baksh and 5 others 1994 SCMR 771; Shams-ul-Haq and others v. Mst. Ghoti and 8 others 1991 SCMR 1135; Muhammad Anis and others v. Abdul Haseeb and others PLD 1994 SC 539; Province of Sindh and another v. Muhammad Ilyas and others 2016 SCMR 189; Engineer Musharraf Shah v. Government of Khyber Pakhtunkhwa through Chief Secretary and 2 others 2015 PLC (C.S) 215; The Thal Engineering Industries. Ltd. v. The Bank of Bahawalpur Ltd. and another 1979 SCMR 32; Karamat Hussain and others v. Muhammad Zaman and others PLD 1987 SC 139 and Mian Asghar Ali v. Government of Punjab and others 2017 SCMR 118 ref. ORDER ADNAN-UL-KARIM MEMON, JUSTICE:---.--- This court, vide order dated 23.8.2013 took cognizance of the matter regarding dumping of chemical material in a shop being hazardous to the health of public at large, however a report from the then District Co-Coordination Officer was called to ascertain the factual position of the case. This matter was being taken up from time to time; finally it was heard on 28.10.2019 and reserved for orders. Basically, the Applicant Muhammad Usman being aggrieved by and dissatisfied with dumping of chemical material in shop No.3 in the name of Wana Group of Electronics Planting, which deals with…
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