Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art.199---Constitutional petition---Maintainability---Factual controversy---Alternate remedy---Contention of petitioner was that respondents were interfering into his possession over the suit property---Validity---Controversial questions were involved in the matter, which could not be resolved while exercising constitutional jurisdiction---Authenticity of documents produced by the petitioner could only be determined and established before Civil Court after opportunity of hearing to both the parties---Petitioner had alternate remedy and constitutional petition was not maintainable---Constitutional jurisdiction of High Court could not be invoked in all matters as a matter of right rather such jurisdiction had certain circumventions---High Court would not indulge in investigation of disputed question of facts, which required evidence---Extraordinary jurisdiction was intended for providing an expeditious remedy in a case where illegality of impugned action could be established without any inquiry into complicated or disputed facts---Party invoking constitutional jurisdiction had to establish clear right which should be beyond any doubt and controversy---Legal right and entitlement of petitioner were controversial and such disputed questions of fact could not be decided in constitutional jurisdiction of High Court---Constitutional petition was dismissed in limine, accordingly. Rana Aftab Ahmed Khan v. Muhammad Ajmal PLD 2010 SC 1066 and Secretary to the Government of the Punjab v. Ghulam Nabi PLD 2001 SC 415 rel. ORDER ROZI KHAN BARRECH, J.---- The instant constitutional petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 (hereinafter the Constitution) carries the following prayer clause: A) By declaring that the act of the respondents Nos. 1 to 7 is illegal, by means of which they; are interfering in the property in dispute property Khushkaba Bazigir, measuring -----, bounded as East:- Dahico, West: - Mountain, North : Arzghrodo Mountain, South : - Wapsi Zaro. B) To direct the respondents Nos. 1 to 7 to stop interference in the property of in land in dispute, which will otherwise cause loss and…

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