IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA
C.P No.D- 198 of 2013
ORDER WITH SIGNATURE OF JUDGE
Mr. Ather Abbas Solangi, advocate for petitioner along with petitioner.
Mr. Inayatullah G. Morio, advocate for respondent No.1.
Mr. Abdul Hamid Bhurgri, AAG.
Today Mr. Inayatullah Morio, learned counsel for respondent NO.1 has placed on record the office order No.CMCHL/Estate/2516/20 dated 26.2.2014 issued by Medical Superintendent CMCH, Larkana whereby Bunglow No.2 type-III, Doctors Colony, has been allotted to the petitioner. He has also placed on record copies of two letters dated 24.2.2014 and 06.2.2014 also issued by the Medical Superintendent CMCH, Larkana and undertaking by one Dr. Ghulam Ali son of Jan Muhammad which are taken on record, copies supplied to learned counsel for the petitioner. Mr. Morio, submits that in order to redress the grievance of the petitioner and to settle the dispute outside the court the alternate arrangement has been made whereby the petitioner Dr.Muhammad Saleem Shaikh, Senior Medical Officer BPS-18, Chandka Medical College Hospital, Larkana has been allotted bungalow No.2 type-III in Doctors Model Colony, behind CMCH Teaching Block, Larkana which was earlier allotted to Dr. Farhan Jokhio Medical Officer, BPS-17 who instead of occupying the same illegally sublet the said bungalow to one Dr. (Capt.) Ghulam Ali Hulio, Deputy Medical Superintendent (retired) for monetary gain. However, such allotment in favour of Dr.Farhan Jokhio has duly been cancelled vide order No.CMCH/Estate/1694/97 dated 6.2.2014 as referred to hereinabove. It is further stated that a notice dated 24.2.2014 of vacation has already been issued to Dr. (Capt.) Ghulam Ali Hulio, who has given an undertaking in writing that he will vacate the said bungalow within two months from the date of such undertaking dated 25.2.2014 and
shall handover vacant possession to the Estate Officer of CMCH Larkana. Mr. Morio on behalf of respondent No.1 undertakes that the peaceful vacant possession of the aforesaid bungalow shall be handed over to the petitioner after getting the same vacated from its occupant within two months of the order of this Court. It has been further stated that if possession of aforesaid bungalow could not be get retrieved within stipulated period, the petitioner shall be provided with alternate similar type of bungalow in the CMCH, Colony Larkana. Learned counsel submits that since the grievance of the petitioner is redressed, therefore, instant petition may be disposed of accordingly.
In view of documents filed and the undertaking given on behalf of respondent No.1, the petitioner who is present in Court along with his counsel is satisfied and does not oppose such contention nor oppose disposal of the petition in the aforesaid terms, however, submits that if the needful is not done within two months or the undertaking given by the respondent NO.1 is not honoured, the petitioner shall be at liberty to file appropriate proceedings for the enforcement of his claim in accordance with law.
Since the matter has been settled between the parties outside the Court, whereas, a bungalow has been allotted to the petitioner in Doctors Colony, CMCH, Larkana, and undertaking has been given to hand over vacant possession to the petitioner within two months, therefore, it appears that the grievance of the petitioner is redressed, therefore, instant petition stands disposed of in the above terms along with listed application. It is expected that needful shall be done before the expiry of stipulated period of two months by the respondents failing which, the petitioner shall be at liberty to file proceedings for enforcement of the undertaking and the orders passed by the respondents in the instant matter as referred to hereinabove.