Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: O.I,R.8

Constitution of Pakistan--- ---- Art. 199--- Constitutional petition--- Factual controversy--- Privacy of residence--- Encroachment on public property--- Alternate remedy, availability of--- Petitioner was aggrieved of construction of building by respondents as it disturbed privacy of residence and encroached upon public property--- Validity--- Constitutional petition under Art. 199 of Constitution was for enforcement of clear legal right and not otherwise meant for establishing a right which in fact was free from doubt--- Doubtful/disputed question of fact could not be seen under Constitutional jurisdiction as same was not meant for disputes relating to determination of boundaries of property as such remedy was available under general law--- When an alternate remedy was provided, Constitutional jurisdiction could not be exercised--- High Court declined to exercise Constitutional jurisdiction as petition was not only without any merits but was also misconceived--- Petition was dismissed in circumstances. Secretary to Government of the Punjab v. Ghulam Nabi PLD 2001 SC 415; Fida Hussain v. Mst. Saiqa 2011 SCMR 1990; Abdul Fatah Bhutto and others v. Election Commission of Pakistan through Secretary and three others 2014 CLC 639; Ghulam Muhammad Ali v. Province of Sindh through Secretary Home Department and 7 others 2016 MLD 65; Pir Ishfaq Ahmad v. Deputy Commissioner/Land Acquisition Collector Charrsada and another 2018 CLC 449 and Abdul Qadir Farooqui v. The Federal Ministry of Finance and others 2018 CLC 758 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD NAEEM ANWAR, J.---- The petitioner through the instant writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 has prayed for the following relief:- "I. The impugned acts of the respondent No.9 and others for raising construction over the public sewerage drain/Nala near the house of the petitioner and thereby causing blockage of the sewerage water and also constructing a Plaza over the public sewerage drain which has not only been blocking the sewerage water flow but also violating the privacy of the house of the petitioner and other inhabitants of the locality. II. Respondents…

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