Law:

Section:

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Maintainability--- Petitioners sought direction to restrain the Highway Department from constructing road on the land that the petitioners claimed, had been allotted to them---Validity---Perusal of site plan revealed that the petitioners had encroached upon the land of the road and according to the Highway Department, it was not the land allotted to them---No land of the road was ever available for transfer---Civil suit had already been filed in the year 1978 and the petitioners were found to have encroached upon the land of the road---Alleged allotment to the petitioners on the middle of the road did not seem sound---Allotment/transfer order did not show any khasra number and no such description was given to establish that the shops in question were situated in the khasra number wherein the road was situated---Issue involved factual controversy requiring the recording of evidence and such an exercise could only be undertaken by the civil court---Factual controversy could not be resolved by invoking the constitutional jurisdiction of High Court---No justification existed in circumstances to restrain the Highway Department from constructing of the road for the welfare and utility of the public---Constitutional petition was dismissed. Anjuman Fruit Arhtian and others v. Deputy Commissioner, Faisalabad and others 2011 SCMR 279 and Nemat Ali and another v. Malik Habib Ullah and others 2004 SCMR 604 ref. ORDER CH. MUHAMMAD YOUNIS, J.---Learned counsel for the petitioners contends that the petitioners are in possession of their properties situated at Railway Road Dinpur since long. They got allotted as well as purchased the said properties through allotment orders/ registered sale-deeds whereas the respondents intend to demolish their construction. In 1978 a suit was filed against the respondents and demarcation was carried out, after demarcation the encroachments if any were removed and the suit was dismissed as withdrawn. The properties of the petitioners have not been acquired for any public purpose so they cannot be deprived of the same unlawfully. 2. The learned counsel for the respondents…

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