Law:

Section:

(a) Constitution of Pakistan--- ----Art. 199--- Constitutional petition--- Alternate and efficacious remedy---Scope---Where an alternative and equally efficacious remedy is available to a litigant, he should pursue that remedy and may not invoke special jurisdiction of High Court for issuance of a prerogative writ---Where it is open to aggrieved petitioner to move another court or a Tribunal for obtaining redress in manner provided by a statute, High Court normally does not entertain a petition under Art. 199 of the Constitution and leaves the petitioner to resort to the machinery set up by the statute for redressal of his grievances---Question whether alternative remedy is equally efficacious or adequate or not is a question of fact to be decided in each case and onus lies on petitioner to show that it is not adequate---Existence of an alternative remedy is not an absolute bar to filing petition under Art. 199 of the Constitution but it is a factor to be taken into consideration by High Court while entertaining a constitutional petition. Messrs KSB Pumps Company Ltd. v. Government of Sindh 2011 MLD 1876; Messrs M.K. International, Local, Agent of Messrs Interman Trading FZE v. Sui Southern Gas Company 2016 CLC 1; Maqbool Associates (Pvt.) Ltd. v. Pakistan Power Park Management Company Ltd. 2015 MLD 1794; Maqbool Associates v. Federation of Pakistan 2016 MLD 2006 and Airport Support Services v. The Airport Manager, Quaid-e-Azam International Airport 1998 SCMR 2268 ref. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Writ of mandamus, refusal of---Pre-conditions---To decline grant of mandamus by the High Court the remedy provided under statute to petitioner must be specific, adequate, equally convenient, beneficial and effective---Inadequacy and not absence of alternative remedy determines as to whether a constitutional petition was to be entertained. Lt. Col. Nawabzada Muhammad Ameer Khan v. Controller of Excise Duty PLD 1961 SC 119; Murree Brewery Co. Ltd. v. Pakistan PLD 1972 SC 279; Town Committee, Gakhar Mandi v. Authority under the Payment of Wages Act PLD 2002 SC 452 and Gatron (Industries) Pvt. Ltd. v. Government of Pakistan and…

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