IN THE HIGH COURT OF SINDH AT KARACHI

C. P. No: D – 1231 of 2023 (Hyderabad)

ABDUL GHAFOOR & OTHERS………………………. PETITIONERS

VERSUS

PROVINCE OF SINDH & OTHERS…………………. RESPONDENTS

APPLICATION UNDER RULE 5 OF SINDH

HIGH COURT BENCHES RULES, 1987

For the facts and reasons mentioned in the accompanying affidavit, it is

humbly prayed on behalf of the private Respondents above named that this

Honorable Court may graciously be pleased to call for the record and

proceedings of the captioned petition from its Circuit Bench Hyderabad and

direct that the same may be heard and decided at the Principal Seat along

with Constitutional Petition No. D-738 of 2023 (Re: Haqnawaz & others Vs

Province of Sindh & others) pending before this Honorable Court at Circuit

Court at Larkana, which arises out of same set of facts and the prayer is also

identical to the prayers made in the instant constitutional petition.

It is further submitted that the Petitioners in the above-mentioned

captioned constitutional petitions have challenged regularization of private

respondents through Sindh Public Service Commission in compliance of

directions given vide Order dated 28.05.2021 passed in C.P. No: D-2431 of

2021 at the Principal Seat at Karachi.

It is, therefore, prayed that both the above-mentioned constitutional

petitions may be heard and decided by the same bench at Principal Seat,

Karachi in order to avoid multiplicity of proceedings or conflicting judgments

of different benches of this Honorable Court.

Prayer is made in the interest of justice.

Karachi
Dated: _____, March, 2024

ADVOCATE FOR RESPONDENTS

 IN THE HIGH COURT OF SINDH AT KARACHI
C. P. No: D – 1231 of 2023 (Hyderabad)

ABDUL GHAFOOR & OTHERS………………………. PETITIONERS

VERSUS

PROVINCE OF SINDH & OTHERS…………………. RESPONDENTS

AFFIDAVIT

I, Ali Raza Larik S/o Mushtaque Ali Memon, Muslim, Adult, R/o
quarter No. D-29 Sindh University Colony, Jamshoro, do hereby state on oath
as under: -

1. I say that being the Respondent No. 97 and the lawful attorney of
Respondents in the captioned matter I am well conversant with the
facts of this petition and the accompanying application under Rule 5 of
Sindh High Court Rules, 1987 has been drafted and filed under my
specific instructions, contents of which are true and correct to the best
of my knowledge and may be treated as part and parcel of this
affidavit for the sake of brevity.

2. I say that the by way of this constitutional petition, the Petitioners have
challenged regularization of the private respondents through Sindh
Public Service Commission made in compliance of directions of this
Honorable Court at Principal Seat at Karachi in Constitutional Petition
No.2431/2021 (Re: Ali Raza Larik and others v/s Province of Sindh &
Others).

3. I say that one C.P. No: D-738 of 2023 (Re: Haqnawaz & others v/s
Province of Sindh & others) has also been filed before this Honorable
Court at Circuit Court Larkana against the regularization of the private
respondents on the same set of facts with same prayer, which is
pending adjudication.

4. I say that since the constitutional petition in pursuance whereof, the

private respondents were regularized was disposed of by this
Honorable Court at Principal Seat at Karachi, therefore, it would be just
and proper that the captioned may be heard and decided at its
Principal seat at Karachi so that multiplicity of proceedings and
conflicting judgments of different benches may be avoided, hence this
application.

Photocopy of memo of above captioned

 petition, memo of C.P. No: D-738/2023
(Larkana) & Order dated 28.05.2021 a/w
memo of C.P. No: D-2431/2021 are attached
and marked as Annexure “A” to “A/___”.

5. That unless the accompanying application is granted the interest of the

Petitioners shall be seriously prejudiced and they shall suffer
irreparable loss, harm and injury.

6. That whatever has been stated above is true and correct to the best of
my knowledge, belief and information.

Karachi
Dated: _____, March, 2024
DEPONENT
CNIC # _________________
CELL # _________________