Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as Const. P. 610/2026 (SHC). In this matter between Const. P. 610/2026 (D.B.) Rustam Ali Saryo and Province of Sindh & others Sindh High Court, Circuit at Larkana, 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: CITATION: PARTIES: ORDER DATE: BENCH: A.F.R: ------------------------------------------------------------ ORDER SHEET IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Constt. Petition No. D- 610 of 2026 _____________________________________________________________ Date Order with signature(s) of Judge(s)

1. For orders on MA No.3170 of 2026. U/A. 2. For orders on office objection-A. 3. For orders on MA No.3171 of 2026. E/A. 4. For hearing of Main Case.

06.08.2026.

Mr. Ghulam Mustafa Magsi, Advocate for the petitioner. --------- The petitioner claims to be a license holder of a wholesale food grain dealership and asserts that, by virtue of such license, he is entitled to maintain a stock of wheat. The principal grievance raised in the instant petition is that the action of the Food Department in interfering with such stock is illegal and without lawful authority. During the course of hearing, a specific query was put to the learned counsel for the petitioner as to whether the petitioner's flour mill had ever been declared by the Food Department as a wheat procurement centre or had otherwise been duly authori zed to procure or maintain the wheat stock in question. No satisfactory response could be furnished. Learned counsel merely reiterated that the petitioner is a license holder. Mere possession of a wholesale food grain dealer's license does not, by itself, confer an unrestricted or absolute right to procure, store, or deal with wheat stock. Such entitlement is necessarily subject to the terms and conditions of the license, the relevant statutory framework, and the policies governing the procurement, storage, and distribution of food grains. In the absence of any material demonstrating that the petitioner was specifically authorized or notified as a wheat procurement centre, no prima facie case is made out to warrant interference by this Court.

2

After addressing arguments at some length, learned counsel for the petitioner, upon being confronted with the above legal position, submitted that he does not wish to press the instant petition and sought permission to approach the competent authority for appropriate rel ief in accordance with law. Accordingly, the instant petition is dismissed as not pressed, with liberty to the petitioner to avail such remedy as may be available before the competent authority.

JUDGE JUDGE S.Ashfaq

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