Law: Khyber Pakhtunkhwa Food Safety Authority Act, (Khyber Pakhtunkhwa Act, No. X of 2014)

Section: 16(2),17

Law: Constitution of Pakistan, 1973

Section: 199

(a) Khyber Pakhtunkhwa Food Safety Authority Act (Khyber Pakhtunkhwa Act No. X of 2014)-- ----S. 16(2)---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Alternate remedy---Scope---Petitioners running business of bakery and sweets were imposed fine by the Food Authority---Validity---Petitioners were required to file appeal before Chief Secretary against the imposition of fine within fifteen days of communication of impugned order---High Court before exercising its extra ordinary jurisdiction must be satisfied with regard to non-availability or inefficacy of alternate remedy provided under the law---If High Court was satisfied that alternate remedy was expedient and effective then it should not exercise constitutional jurisdiction which was not meant to bypass such authority or render such hierarchy redundant and superfluous---Alternate remedy in the present case, being available petitioners should have availed alternate remedy before approaching High Court for redressal of their grievance---No reasonable cause to abandon and bypass the remedy provided under Khyber Pakhtunkhwa Food Safety Authority Act (Khyber Pakhtunkhwa Act, 2014) had been shown---No jurisdictional error or violation of any legal provision by the authorities had been pointed out---Petitioners could file appeal before competent authority as provided under S.16(2) of Khyber Pakhtunkhwa Food Safety Authority Act (Khyber Pakhtunkhwa Act, 2014)---Constitutional petition was dismissed in limine being not maintainable, in circumstance. Khalid Mehmood v. Collector of Customs 1999 SCMR 1881; Syed Match Company Ltd. v. Authority under Payment of Wages Act 2003 SCMR 147; Habib Ahmad v. Income Tax Officer 1972 SCMR 556; Mehboob Ali v. Mubeena Khatun PLD 1997 Kar. 558 and PLD 1997 SC 102 rel. (b) Constitution of Pakistan--- ---Art. 199---Constitutional petition---Non-availing alternate remedy---Effect---Bar on filing constitutional petition without availing alternate remedy could be ignored in the cases where there was jurisdictional error, defect, lack of authority or if impugned action was based on mala fide or in flagrant disregard of law and principles of natural justice…

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