Case Details

Citation(s)
2023 SLG 1797 2023 MLD 1366 2023 SLD 1797
Sindh High Court
High Court Appeal No. 413 of 2022, decided on 19th December, 2022.
Before Aqeel Ahmed Abbasi and Kausar Sultana Hussain, JJ
Shahryar Mahar, Additional Advocate General, Sindh for Appellants. Mohsin Shahwani for
Respondents.

PROVINCE OF SINDH through Chief Secretary, Government of Sindh and another---Appellants

VERSUS

SINDH VALLEY SAFARI through Proprietor and 3 others---Respondents

Law:

Section:

Sindh Wildlife Protection, Preservation, Conservation and Management Rules, 2022--- ----R. 9---Private Wildlife Farm---Hunting ban---Legality---Forest and Wildlife Department challenged the order of the Single Judge of the High Court, which temporarily suspended the applicability of the notification imposing a hunting ban to the extent of Private Wildlife Farms of the respondents---Validity---Impugned notification besides being invalid was not attracted to the Private Wildlife Farms---Such unilateral decision at the time of start of hunting season was violative of principles of natural justice and appeared to have been issued in excess of authority and without any reasonable basis---Single Judge of High Court had rightly ordered for maintaining status quo in respect of respondents---Appeal was dismissed. ORDER Instant High Court Appeal has been filed against the order dated 18.11.2022, passed by the learned Single Judge of this Court in Suit No.1685 of 2022, whereby, according to learned Addional Advocate General, Sindh, the learned Single Judge has been pleased to grant status quo in respect of the Private Wildlife Farms of the respondents. The contention of the learned Additional Advocate General was recorded in order dated 09.12.2022, which is reproduced for the sake of brevity and perusal as under:- Instant High Court Appeal has been filed against the impugned order dated 18.11.2022 passed by the learned Single Judge of this Court in Suit No. 1685 of 2022, whereby, according to learned Additional A.G. Sindh, the respondents, through misrepresentation of facts and without referring to relevant rules, particularly Rule 64(3) of the Sindh Wildlife Protection, Preservation, Conservation and Management Rules, 2020, have obtained the restraining order against the Notification issued by the competent authority after approval of Cabinet, and the respondents have been allowed to carry out hunting on their private reserved farms. According to learned Additional A.G. Sindh, after compliance of all the codal formalities and with the approval by the Cabinet a Notification dated 27.10.2022 was issued, according to which, hunting of game birds shall remain closed for the…
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