Case Details

Citation(s)
2015 SLG 1052 2015 SLD 1052 2015 YLR 2728 = 2015 PLJ 230
Peshawar High Court
Writ Petition No. 3315-P of 2014, decision & hearing Date :24-12-2014.
ABDUL LATIF KHAN, JUSTICE, SYED AFSAR SHAH, JUSTICE
Muzammil Khan for Petitioner.Sabah-ud-Din Khattak and Sadiq Ali Mohmand for
Respondents.

AMANULLAH KHANVS GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH CHIEF SECRETARY, CIVIL SECRETARIAT, PESHAWAR AND 5 OTHERS

Law:

Section:

(a) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court--- Scope--- Contractual obligations and controversies---Contractual disputes between private parties and public functionaries were not open to scrutiny under the constitutional jurisdiction---Breach of contracts which did not entail inquiry into or examination of minute or controversial questions of fact if committed could adequately be addressed to for relief under constitutional jurisdiction---High Court while exercising constitutional jurisdiction could sit on the matter if the illegality impugned could be established without elaborate inquiry---Controversy, raised by the petitioner, had been controverted by the respondents through documents---Authenticity of said documents/documentary evidence without recording evidence could not be subjected to scrutiny---High Court in constitutional jurisdiction could not go into questions involving minute details nor could it decide facts of which no foundation was laid unless it was shown that such controversy was devoid of supporting record or perverse---High Court under Art. 199 was not to involve itself into investigation of disputed questions of fact which had necessitated taking of evidence---Disputed questions of facts could be determined only by courts having plenary jurisdiction in the matter---Extraordinary jurisdiction was intended for providing an expeditious remedy in a case where illegality of the impugned action of an executive or other authority could be established without any elaborate inquiry into complicated or disputed facts---Controversy between the parties could not be resolved without entering into the process of inquiry in the present case---Constitutional petition was not maintainable which was dismissed, in circumstances. Muhammad Younus Khan and 12 others v. Government of N.W.F.P. through Secretary, Forest and Agriculture, Peshawar and others 1993 SCMR 618 and Messrs Track Triangle Aviation Services (Pvt.) Limited through Chief Executive v. Civil Aviation Authority through Director-General and another 2002 SCMR 1061 ref. Messers Airport Support Services v. The Airport Manager, Quaid-e-Azam International…
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