| Citation(s) |
|---|
| 2018 SLG 1089 2018 SLD 1089 2018 YLR 298 |
Peshawar High Court
W.P. No. 495-M of 2015, decision & hearing Dated: 10-07-2017.
MUSARAT HILALI, JUSTICE, MUHAMMAD NASIR MAHFOOZ, JUSTICE
Muhammad Ikram Khan for Petitioners. Rahimullah and Rafiq Ahmad, Asst. A.A.G. for
Respondents.
W.P. No. 495-M of 2015, decision & hearing Dated: 10-07-2017.
MUSARAT HILALI, JUSTICE, MUHAMMAD NASIR MAHFOOZ, JUSTICE
Muhammad Ikram Khan for Petitioners. Rahimullah and Rafiq Ahmad, Asst. A.A.G. for
Respondents.
RESIDENT OF RAGHAIN AND RESIDENTS OF RESHAN GOL BALA THROUGH THEIR REPRESENTATIVESS
VS
RESIDENT OF RASHAN GOL PAYEEN THROUGH THEIR REPRESENTATIVES
Law:
Section:
Constitution of Pakistan--- ----Art. 199---Constitutional petition---Maxim 'Ubi Jus Ibi Remedium'(Where there is a right there is a remedy)---Applicabilitys were residents of Chitral District (Khyber Pukhtunkhwa) and were aggrieved of denial to their grazing rights--- Validity--- Petitioners assailed the administrative orders---Such orders were always subject to scrutiny by regular courts as well as High Court in its Constitutional jurisdictions could not be left without remedy in view of legal maxim 'Ubi Jus Ibi Remedium' (where there is a right there is a remedy)---Constitutional petition was entertained in aid of justice for curing or correcting wrong and not to perpetuate injustice---If it was found that substantial justice was done between the parties discretion could not be exerciseds, were local inhabitants so they had a right to graze their cattle subject to be regulated by authorities and outsiders had no such right---High Court directed authorities to regulate rights of grazing of cattle of local inhabitants and allow not more than three cattle per head per family for purpose of grazing in the state owned pastures---Constitutional petition was allowed accordingly. Al-Jehad Trust v. Federation of Pakistan PLD 2006 SC 697 and 2017 SCMR 732 ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD NASIR MAHFOOZ, JUSTICE:---.--- Through the present petition, the petitioners have made the following prayer:- "It is, therefore, requested that on acceptance of this writ petition, this Hon'ble Court may be pleased to declare the orders of the respondents dated 16.09.2013, 27.02.2014 and 02.04.2015 as illegal and against law." 2. The essential but the brief facts of the case are that petitioners are inhabitants/ residents of Raghain and Reshan Gol Bala and also representatives of other local inhabitants/residents being large in numbers and, therefore, this writ petition has been filed in representative capacity. It is alleged that Assistant Commissioner/Sub-Divisional Magistrate Mastoj at Bunni Chitral (respondent No. 6) formed an illegal committee of people for the settlement of the issue and the case was sent to respondent No. 1 for decision on findings of the committee and…
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