1768/2025 Const. P. Faiz Muhammad Palari (Petitioner) V/S Govt of Sindh & Others (Respondent)

Sindh High Court2025

Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)

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1768/2025 Const. P. Faiz Muhammad Palari (Petitioner) V/S Govt of Sindh & Others (Respondent) Sindh High Court Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 05-MAY-25 This Court finds the present petition suitable for immediate dismissal ("in limine"). The reasons are that the Supreme Court is already addressing almost identical issues in an appeal connected to Civil Petition No. (Nill) of 2024, and the petitioner has not offered any fresh point of view, except that the petitioner has established an unauthorized Cattle Piri (market) for Eid-ul-Adha sacrificial animals, and the subject issue is under consideration before the Assistant Commissioner concerned. In such a scenario, the Assistant Commissioner needs to first handle the petitioner's local government application, annexed with the memo of petition regarding this issue. Seeking both certiorari and mandamus relief at this stage is premature because an alternative legal remedy is still available. Constitutional Courts intervene only when all other options are exhausted, which is not the situation here. Moreover, there is no final government decision for this court to review, and Article 199 of the constitution does not apply to disputes involving private parties. Since the Supreme Court is already considering the requested relief in Criminal Miscellaneous Application No. 5731 of 2024 (within the same Civil Petition), and a restraining order is operating, this court cannot entertain the current petition.
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