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Petitioner: GUL ZAMAN KHAN VS Respondent: GOVERNMENT OF SINDHonorable Justice MUHAMMAD ZAHOORUL HAQMuzffarul Haq
1988 C L C 2259
1988 C L C 2259
[ Karachi]
Before Muhammad Zahoorul Haq and Abdul Razzak A. Thahim, JJ
GUL ZAMAN KHAN‑‑Petitioner
versus
GOVERNMENT OF SIND and others‑‑Respondents
Constitutional Petition No. D‑120 of 1987, decided on 10th February, 1987.
Constitution of Pakistan (1973)‑‑
‑‑‑Art. 199‑‑Other remedies open Constitutional petition, competency of‑‑Constitutional petition filed by petitioner for de‑sealing of a mosque which was sealed under order of Sub‑Divisional Magistrate was dismissed by High Court being incompetent with observation that petitioner at first instance should move the Magistrate and in case his grievance was not met with by the Magistrate, petitioner could move appeal before Sessions Judge or before High Court.
Muzffarul Haq for Petitioner
ORDER
MUHAMMAD ZAHOORUL HAQ, J.‑‑The petitioner is seeking for the de‑sealing of a mosque which was sealed about four years back under the orders of a S. D. M. as a consequence of fight which had taken place between two parties and which had resulted in the death of .one of the residents of the locality. It seems proper that the petitioner should move the S.D.M. in the first instance and in case the S.D.M. does not meet the grievance of the petitioner, then the petitioner can move appeal before the Sessions Judge or before the High Court. This petition is, therefore, incompetent and is hereby dismissed as such. We are quite confident that if properly moved the S.D.M. concerned will pass an appropriate order without delay.
H. B. T./G‑63/K Petition dismissed.