Law: Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act, (V of 1977)

Section: 3

Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act (V of 1977)---.--- ---.----S. 3---.---Unauthorized occupant---.---Determination---.---Authorities issued notice to respondent directing him to vacate shops within three days---.---Suit filed by respondent was decreed in his favour by Tribunal and the notice was declared as null and void---.---Validity---.---Respondent had been depositing rent through Court which had attained finality---.---Relationship of tenant and landlord was established and authorities failed to prove respondent as unauthorized occupant---.---Judgment of Tribunal was well reasoned, based on settled principles of law and provisions of Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act, 1977, were not applicable---.---Constitutional petition was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: MUHAMMAD YOUNIS THAHEEM, JUSTICE:---.--- This judgment is to dispose of the instant writ petition filed against the impugned judgment dated 28.02.2015 passed by learned Additional District Judge/Tribunal, Mardan. 2. The petitioner filed instant petition against the impugned judgment mentioned above by seeking following relief:- "that on acceptance of this writ petition the impugned judgment, decree and order dated 28.02.2015 passed by the learned Additional District Judge/Special Tribunal, Mardan may kindly be declared as without jurisdiction, illegal, void, without lawful authority and of no legal effect and accordingly the impugned judgment, decree and order may kindly be set aside and the suit filed by respondent No.1/plaintiff may graciously be dismissed with cost throughout." 3. Brief facts of the case are that respondent No. 1 had issued notice No.348/DDOR dated 24.05.2012 under section 3 of KPK Public Property (Removal of Encroachment) Act, 1977 vide which respondent No.1 was directed to vacate shops two in numbers known as Inam Medicos within three days which has been challenged by filing suit before the learned District Judge/tribunal by respondent No.1 seeking relief by declaring said impugned notice without lawful authority, against law, facts, void, fraudulent with the plea that plaintiff (respondent No. 1)…

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