Law:

Section:

(a) Khyber Pakhtunkhwa Conservation and Exploitation of Forest in Hazara Division Ordinance (VII of 1980)---S. 3(2)(a)---Constitution of Pakistan, Art. 199---Constitutional petition---Agreement against the prohibition contained in statutory law---Effect---Valid agreement---Parties had entered into a settlement/ exploitation agreement which was in respect of standing trees and exploitation---Agreement was hit by S.3(2)(a) of Khyber Pakhtunkhwa Conservation and Explanation of Forest in Hazara Division Ordinance, 1980, thus was not enforceable being a void agreement---Judgment and decrees of the courts below were set aside. (b) Khyber Pakhtunkhwa Conservation and Exploitation of Forest in Hazara Division Ordinance (VII of 1980)--- ----Ss.70 & 70-A---Specific Relief Act (I of 1877), S.42---Constitution of Pakistan, Art. 199---Constitutional petition---Suit for declaration---Non-issuance of statutory notice---Effect---Before filing suit no notice as required under Ss. 70 & 70-A of Khyber Pakhtunkhwa Conservation and Exploitation of Forest of Forest in Hazara Division Ordinance, 1980 was given, which was mandatory---Suit in absence of such notice was not maintainable in circumstances---Constitutional petition was dismissed. Zia-ur-Rehman Alvi v. Messrs Allahabad Cooperative Housing Society Limited and 2 others PLD 1995 Kar. 399 and Lahore Cantt. Cooperative Housing Society Limited v. Messrs Builders and Developers (Pvt.) Ltd. and others PLD 2002 SC 660 rel. JUDGMENT WAQAR AHMAD SETH, J.---Malik Muhammad Miskeen petitioner (in Writ Petition No.215 of 2004) seeks the constitutional jurisdiction of this Court praying for:-- "that on acceptance of the writ petition, the judgment and order dated 29-6-2004 passed by respondent No.1 may graciously be set aside being unlawful, without jurisdiction and based on "no evidence". 2. Whereas Rehmat Wali and Faqir Muhammad petitioners have filed Civil Revision No.170 of 2004 under section 115, C.P.C. against the judgment and order of learned District Judge, Kohistan dated 15-3-2004 whereby dismissing the appeal of petitioners maintained judgment and decree of trial Court. 3. Brief facts, as mentioned in the writ petition,…

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