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Allah Bachayo Mahar and others vs P.O Sindh & others — 2024 SHC 844

Official Citation: 2024 SHC 844

Court / Jurisdiction: Sindh High Court

Year of Decision: 2024

Decision Date: 2024-08-01

Parties: Allah Bachayo Mahar and others vs P.O Sindh & others

Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court on 2024-08-01, officially reported as 2024 SHC 844. In this matter between Allah Bachayo Mahar and others and P.O Sindh & others, 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.

Headnotes

Case cited as 2024SHC844

Full Judgment Text & Judicial Ruling

Court Name: Sindh High Court Judge(s): Adnan-ul-Karim Memon, Amjad Ali Bohio Title: Allah Bachayo Mahar and others vs P.O Sindh & others Case No.:Constitution Petition No. D-748, D-801, D-803, D-805, D-813, D-816, D-817, D-

820, D-821, D-826, D-844, D-847, D-849, D-852, D-863, D-935 of 2024 Date of Judgment:2024-08-01 Reported As: 2024 SHC 844 Result: Petition Disposed of Judgment

ORDER ADNAN-UL-KARIM M EM ON, J: The petitioners have approached this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 seeking directions to the respondent-Food Department to deliver bardana / wheat bags to them as per their entitlement under the procurement policy 2023-24. Learned Assistant Attorney General as well as Assistant Advocate General Sindh, present in Court, submit that these petitions cannot be entertained as the target for purchasing wheat from the growers for the current season i.e. 2023-24 is completed, as such they have no stock of wheat bags to deliver to the petitioners. Petitioners have raised their voice of concern alleging mall administration on the part of respondent-Food Department, Government of Sindh on the premise that they failed and neglected to distribute the bardana to the petitioners in time, and they were kept on hollow hopes, and now it is time that they may be directed to deliver the bardana to the petitioners. Without prejudice the rights of the petitioners to receive bardana under the wheat procurement policy 2023-24 vide notification No. SO(W)-7(31)/2023-2024, it is for the respondent-Department to look into the entitlement of the petitioners, if any, which is subject to the availability of the bardana at their wheat procurement centers. If the respondent-Department is no longer in a position to distribute the bardana to the growers / khatedars, then the petitioners shall be at liberty to avail their remedy in accordance with law. These petitions are disposed of in the above terms. Office to place a signed copy of this order in the captioned connected matters.

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