| Citation(s) |
|---|
| 2025 SLG 5025 2025 SLD 5025 = 2025 SHC 2342 |
C.P No.D-4398 of 2025
Abdul Hamid Bhurgri, J.
Date of hearing:- 08.09.2025 Mr. Zameer Ahmed Kalhoro, Advocate for petitioner.
[Hazrat Umar Khan
VERSUS
Province of Sindh & others]
Law: Constitution of Pakistan, 1973
Section: 9, 24, 199
Law: Sindh Public Property (Removal of Encroachment) Act, (XVIII of 2010)
Section: 3, 4
✅ SUMMARY (Very Short & Clear)
The petitioner sought removal of illegal encroachments under Bacha Khan Flyover (Banaras Bridge), alleging that Qabza Mafia and some officials allowed unlawful shops, markets, and walls.
The Court held that such matters fall within the jurisdiction of the Anti-Encroachment Tribunal under the Sindh Public Property (Removal of Encroachment) Act, 2010, not under Article 199.
Because an efficacious statutory remedy exists, the High Court refused to exercise writ jurisdiction.
The petition was disposed of, allowing the petitioner to approach the proper forum.
✅ SECTIONS / ARTICLES USED
Constitution of Pakistan
Article 9 — Right to life / safe environment
Article 24 — Protection of property