Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Environment Protection Act, 1997

Section: 17,21(3)(a),23

Public functionary --------- ----------All public functionaries were under constitutional and legal obligation to adhere to letter and spirit of law, resisting temptation of acting to the contrary, in an arbitrary and capricious manner. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE:---------- The constitutional jurisdiction of this Court has been invoked under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, by the petitioner, Ghulam Khan, for issuance of the following directions:- (i) "Directing respondents to perform their functions within the parameters of their jurisdiction. (ii) Direct them to ensure the right of petitioner to do lawful business, trade or profession without placing any illegal restriction upon the petitioner. (iii) Calling them to struck down the operation of impugned orders and bring back the parties to original position and to restore the functioning of Poultry Farm. (iv) Directing them not to interfere in the business of the petitioner. (v) Directing them not to interfere in the jurisdiction of Tribunal constituted for this purpose and not to do anything for which not authorized in accordance with law. (vi) To ensure the performance of their functions as may be appropriate for the enforcement of the fundamental rights of the petitioner conferred by the Constitution." 2. The facts narrated in the writ petition would show that poultry farm in Kulharay Sharqi Baffa, constructed by the petitioner in April 2008, was forcefully evacuated and functioning of poultry farm was stopped on the direction of District Coordination Officer, Mansehra (respondent No. 1), when, application moved by Aurangzeb (respondent No. 5) to the Chairman Environmental Tribunal, Peshawar, was already pending adjudication, and not yet decided. 3. In other words, the main grievance of the petitioner was impugned action of the respondents during pendency of proceedings in the Environmental Tribunal on the application of respondent No. 5, which, indeed, was the proper forum for the purpose, according to the petitioner. 4. In para-wise comments, respondent No. 1 contested the writ petition on several grounds, including the plea of violation…

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