Law: Constitution of Pakistan, 1973

Section: 4,199

Law: Specific Relief Act, 1877

Section: 42

(a) Constitution of Pakistan--- ----Art. 199---Specific Relief Act (I of 1877), S.42---Constitutional petition---Maintainability---Suit for declaration and injunction---Claim of the petitioners about property was disputed by the respondents and Revenue Authorities---Questions of title of property and possession thereof could not be decided without recording of evidence---Such exercise could not be undertaken by High Court under its constitutional jurisdiction---Constitutional petition was dismissed in circumstances. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Maintainability---Adequate and efficacious remedy available---Claim of the petitioners about property was disputed by the respondents and Revenue Authorities---Revenue authorities had also filed suo motu reference before the concerned authority for cancellation of entries in revenue record about the ownership of petitioners---If such entries were ordered to be cancelled, same could be challenged under the relevant revenue laws---Constitutional jurisdiction of High Court could not be invoked where adequate and efficacious remedy had been provided under law---Constitutional petition was dismissed accordingly. Federation of Pakistan and others v. Major (Retd.) Muhammad Sabir Khan PLD 1991 SC 476 rel. (c) Constitution of Pakistan--- ----Arts. 4 & 199---Constitutional petition---Claim of petitioner was disputed by respondents and Revenue Authorities---Due process of law---Applicability---Due process of law was of wide import and its applicability varied from case to case in accordance with the set of facts and circumstances---Due process of law was also directly related to the rights, interest and entitlement of a person as recognized by law---Petitioners could not make out a prime facie case of their legal entitlement of possession of suit property---Entries in the revenue record about their alleged claim were under scrutiny before the concerned authorities---Term "due process of law" was not applicable in circumstances---Constitutional petition was dismissed accordingly. THIS ORDER PASSED BY: MUHAMMAD FAISAL KAMAL ALAM, JUSTICE:---.--- Through instant petition, the Petitioners…

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