Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2024 SHC 1431. In this matter between Const. P. 388/2024 (D.B.) Sindh High Court, Bench at Sukkur - Azizullah @ Aziz (Petitioner) and the Respondent, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.

Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.

Full Judgment Text & Judicial Ruling

COURT: Sindh High Court CASE NO: Const. P. 388/2024 (D.B.) Sindh High Court, Bench at Sukkur CITATION: 2024 SHC SUK 1431 PARTIES: Azizullah @ Aziz (Petitioner) ORDER DATE: 24-APR-24 BENCH: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) A.F.R: Yes ------------------------------------------------------------ 1

ORDER SHEET IN THE HIGH COURT OF SINDH BENCH AT SUKKUR Constitution Petition No. D-378 of 2024 (Sher Ahmed Mubejo Vs. Province of Sindh & others)

Constitution Petition No. D-388 of 2024 (Azizullah @ Aziz Vs. Province of Sindh & others)

DATE OF HEARING ORDER WITH SIGNATURE OF JUDGE

Before;

Adnan-ul-Karim Memon, J; Muhammad Abdur Rahman, J;

Date of hearing and order: 24-04-2024.

M/s Abdul Qadir Khanzada , Ajeebullah Junejo, advocates for the petitioners.

Mr. Liaquat Ali Shar , Additional Advocate General, Sindh Dildar Ali Kalwar, District Food Controller Sukkur , Abdul Waseem District Food Controller Naushehro Feroze. ******** O R D E R. This order shall decide the captioned petitions as the issue involved in these petitions relates to the exercise of discretion for distributing BARDANA under the wheat procurement policy 2023 - 24 vide Notification No. SO(W)-7(31)/2023-24. It appears from the record that several constitutional petitions have been filed alleging misuse of discretionary powers under the policy 2023-24 while distributing BARDANA to the growers. Initially p etitioners raised their voices of concern alleging mall administration i n distribution of BARDANA to some fictitious persons/traders having no agricultural land in the relevant areas to

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please them for extraneous consideration . It is urged by the petitioner’s side that a mafia in collusion with official respondents is active at the distribution centers. Small farmers are made to stand in lines to submit their applications, yet BARDANA is being distributed to the favorites upon political influence or to fictitious persons by manipulating records. After arguing the matter at som e length the parties present in Court agreed for disposal of the captioned petition s in the terms that the petitioners have received requisite BARDANA from the concerned official respondents upon the intervention of this Court , as such they do not wish to press these petitions as their purpose has been achieved. The aforesaid stance has been endorsed by the learned Additional A.G, Sindh. In view of the statement of the parties, these petitions are disposed of along with pending application(s) as not pressed.

Judge Judge

Nasim/P.A

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