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2009 YLR 2374

BANTVA MEMON KHIDMAT COMMITTEE vs CHAIRMAN AL-HILAL CHS LTD. and

Citation2009 YLR 2374
CourtSindh High Court
Case No.C.P. No,D-1436 of 2008
Date2009-04-17
Judge(s)Mushir Alam, Safdar Ali Bhutto
ResultOrder accordingly

ORDER

1. ' Petitioner has impugned action of the respondent No, 1 alleging cancellation of the plot by the Chairman Al-Hilal Cooperative Society Limited. Petitioner has also impleaded Chief Controller of Buildings and other formation under the SLGO for removal of the alleged encroachment. When the learned counsel was confronted that alternate and efficacious remedy under section 54-A of the Cooperative Society Act is available to the petitioner she has drawn our attention to Annexures A & A-l of her comments/ objections in reply to the comments filed by the respondent No,l. It appears that she has directly approached the Minister Cooperative Department Govemment of Sindh. From the noting on the letter it appears that worthy Minister has rightly referred the controversy to the Registrar Cooperative Society Sindh, who is already seized of the matter and notice appears to have been issued to the respondent No,l and matter is pending consideration.

2. ' Under circumstances, as regard grievance against the respondent No,l is subject before the competent forum under the Cooperative Societies Act, therefore, we would direct the Rejgistrar Cooperative Society to decide the controversy preferably within three months after hearing the petitioner and the respondent No,l in accordance with law. The parties may pursue the remedy provided under the Cooperative Societies Act, if the decision is not acceptable to either of the party.

3. ' As regard grievance of the petitioner for the encroachment on the subject plot, it is rightly pointed out by the learned A.A-G. And counsel for the CDGK that since it is a private property and the public functionaries may only come into action if encroachment is alleged on any public property, which is not so in the instant case.

4. ' As, regards relief claimed by the petitioner for the removal of encroachment by the official respondent cannot be sustained, petitioner/owner of the property, whosoever may take action against the alleged encroachment in Appropriate forums in accordance with law. Petition in above terms stands disposed of.

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