| Citation(s) |
|---|
| 2018 SLG 1986 2018 SLD 1986 2018 CLC 1394 |
Peshawar High Court
Writ Petitions Nos. 3499-P and 4364 of 2016, decided & hearing on, 26-09-2017.
IKRAM ULLAH KHAN, JUSTICE IJAZ ANWAR, JUSTICE
Muhammad Farooq Afridi for Petitioners. Rab Nawaz, A.A.G. and Jehanzeb Mehsud for
Respondents Nos.3 and 4.
Writ Petitions Nos. 3499-P and 4364 of 2016, decided & hearing on, 26-09-2017.
IKRAM ULLAH KHAN, JUSTICE IJAZ ANWAR, JUSTICE
Muhammad Farooq Afridi for Petitioners. Rab Nawaz, A.A.G. and Jehanzeb Mehsud for
Respondents Nos.3 and 4.
M/S. MAJID BOOK DEPOT (PUBLISHERS & BOOK SELLERS) THROUGH PROPRIETOR
VS
GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH CHIEF SECRETARY AND 5 OTHERS
Law:
Section:
(a) Constitution of Pakistan--- ----Art.199---Constitutional petition---Maintainability---Supply of school materials by the petitioner who sought direction from High Court under Art.199 of the constitution for payment---Contention of petitioners was that books and other items were supplied to the Workers Welfare Board having network of schools but payment of the same was not made---Validity---Nothing was on record with regard to tender for supply of books and other items---Petitioners were not contractors with the respondents---Whole exercise in the present matter had been carried out without observing proper procedure---National Accountability Court had taken cognizance of the matter wherein Secretary Workers Welfare Board and other employees of the Board had been arrested---Petitioners could avail appropriate remedy under the law---Constitutional petition was dismissed in circumstances. 2005 SCMR 1721; 2008 SCMR 605 and 2012 SCMR 773 ref. PLD 1997 SC 82; 2004 SCMR 1274; PLD 2007 SC 298 and 1999 SCMR 467 distinguished. (b) Constitution of Pakistan--- ---Art. 199---Constitutional jurisdiction of High Court---Scope. High Courts while exercising constitutional jurisdiction should not involve themselves into investigations of disputed questions of facts which necessitate taking of evidence. This can more appropriately be done in the ordinary civil procedure for litigation by a suit. This extraordinary jurisdiction is intended primarily for providing an expeditious remedy in a case where the illegality of the impugned action of an executive or other authority can be established without any elaborate inquiry into complicated or disputed facts. Controversial question of facts adjudication on which is possible only after obtaining all types of evidence in power and possession of parties can be determined only by Courts having plenary jurisdiction in matter. Muhammad Saeed Azhar v. Martial Law Administrator 1979 SCMR 484; Umar Hayat Khan v. Inayat Ullah Butt and others 1994 SCMR 572; Mst. Kaniz Fatima through legal heirs v. Muhammad Saleem 2001 SCMR 1493; Secretary, Govt. of Punjab v. Ghulam Nabi and others PLD 2001 SC 415; Wazir Ali Soomro v. WAPDA and others 2005…
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