Law: North West Frontier Province Public Property (Removal of Encroachments) Act, (V of 1977)

Section: 3,5,8,12

Law: Constitution of Pakistan, 1973

Section: 199

North-West Frontier Province Public Property (Removal of Encroachment) Act (V of 1977)--- ----Ss. 3, 5, 8 & 12---Constitution of Pakistan (1973), Art. 199--­Constitutional petition---Maintainability---Petitioner had alleged that Cantonment Board, a year back had erected barriers at the entry of each and every road of the Cantonment and had employed an Army Sepoy on same and they had started interfering with the rights of movements of citizens on public path, which had created great unrest in the general public---Petitioner had prayed that action of Cantonment Board be declared illegal, without lawful authority and ineffective upon the rights of petitioner and general public---Petitioner had further prayed that Cantonment Board be restrained from violating fundamental rights guaranteed by the Constitution---Validity--Condition precedent for exercise of jurisdiction under Art. 199 of the Constitution was that no other adequate remedy was provided by law to petitioner---Adequate remedy was available to petitioner, in the present case, to voice his grievance in terms of relevant provisions of North-West Frontier Province Public Property (Removal of Encroachment) Act, 1977 Petitioner, otherwise was not an aggrieved party---High Court, could not exercise its Constitutional jurisdiction in circumstances. ORDER Wasim Rehan petitioner has filed instant writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 alleging that a year back respondents Nos. 2 and 3 erected barriers at the beginning of each and every road entering into Cantonment area and also A employed an Army constable on the same and they started interfering with the rights of movement of citizens of Pakistan including petitioner from using public paths, which created great unrest in the general public. The respondents were repeatedly requested to remove the restrictions but they declined to do so. The…

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