Law:

Section:

Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act (V of 1977)- ----S. 3---Canal and Drainage Act (VIII of 1873), S. 70---Constitution of Pakistan, Art.199---Constitutional petition---Alternate and efficacious remedy---Encroachment Tribunal---Jurisdiction---Scope---Petitioner claimed to be owner of land/house and was aggrieved of second notice issued by authorities to remove the house as it was an encroachment on public land---Validity---Status of alleged encroached area to be public property or otherwise was question that gave exclusive jurisdiction to Encroachment Tribunal constituted under Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act, 1977---When petitioner had questioned first notice before the Tribunal, then there was no occasion for him to bypass that forum and approach High Court under its constitutional jurisdiction against second notice---Encroachment Tribunal was given exclusive jurisdicion under S.13 of Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act, 1977, to adjudicate upon a dispute that any property was not a public property---High Court declined to interefere in the matter as there was alternate and adequate remedy was available to petitioner---Constitutional petition was dismissed in circumstances. 2014 SCMR 122 rel. THIS JUDGMENT PASSED BY: IJAZ ANWAR, JUSTICE:---.--- Astaghfirullah, the petitioner herein, alleges to be the lawful owner of land/house on the strength of a mutation No. 6537 attested on 7.2.1999 of village Azakhel Bala, Tehsil and District Nowhsera has questioned the notice dated 20.10.2016 issued by the respondents. 2. Challenging the same, the petitioner has filed this petition with the following prayers:- "It is therefore, humbly prayed that on acceptance of this writ petition: i. The impugned order dated 20.10.2016 may kindly be declared as null and void. ii. An appropriate direction/writ may please be issued to the respondents/department not to demolish the house of the petitioner which is the ownership of the petitioner on the strength of valid mutation. iii. The respondents/department may please be restrained from any adverse action against the petitioner without proper…

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