Law:

Section:

Khyber Pakhtunkhwa Public Property (Removal of Encroach-ment) Act (V of 1977)--- ----S. 3---Limitation Act (IX of 1908), S.14---Constitution of Pakistan, Art.199---Constitutional jurisdiction of High Court---Scope---Suit for declaration---Limitation---Burden of proof---Contention of plaintiff was that notice issued by the defendants/ Authority for removal of construction was against law and fact and was based on mala fide whereas defendants contended that Tribunal had no jurisdiction to pass declaration with regard to correction of mutation---Suit was decreed by the Tribunal--- Validity--- Tribunal had exclusive jurisdiction to adjudicate upon the suit and had rightly given declaration with regard to the property to be not a public property---Plaintiff had been pursuing his case with due diligence since issuance of impugned notice---Provisions of S. 14 of the Limitation Act, 1908 would be attracted and applicable in the present case---Suit of plaintiff was within time---Contention of plaintiff had been supported by the record produced by the revenue officials---Defendants-Authority had failed to prove as to how the Provincial Government was entered in the revenue record---Suit property had not been acquired by the defendants/Authority and they could not bring any record with such regard---Burden was on the Authority to prove that property in question was a public property---Authority had failed to discharge such burden by producing cogent and reliable evidence---Tribunal had committed no illegality and had taken into account all the relevant and important evidence---High Court could not reappraise evidence upon factual controversy while exercising constitutional jurisdiction---Constitutional petition was dismissed in circumstance. Chief Engineer, Irrigation Department, NWFP Peshawar v. Mazhar Hussain and 2 others PLD 2004 SC 682 and Mst. Anwar Bibi's case 2002 SCMR 144 rel. JUDGMENT MRS. IRSHAD QAISER, J.---Government of N.-W.F.P. (now KPK) through Secretary Works and Services Department Peshawar and five others petitioners seek constitutional jurisdiction of this Court against the judgment and decree dated 29-6-2005 passed by Additional District Judge-V,…

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