Law: Constitution of Pakistan, 1973

Section: 199,18

(a) Constitution of Pakistan--- ----Art. 199--- Constitutional jurisdiction--- Availability/alternate remedy---Scope---Even in presence of alternate remedy, a Constitutional petition can be entertained upon the touchstone of in-adequacy of available remedy before prescribed forum---Such extra ordinary jurisdiction can only be used in exceptional circumstances where violation of some statutory duty on the part of statutory authority is apparently established or impugned action or order reflects glaring illegality or is tainted with obvious malice or is identifiably passed as coram-non-judice---Such jurisdiction can be exercised to defeat legislative intent concerning designated and defined judicial forum to entertain and decide about a particular category of cases and furthermore it cannot be used to encroach upon defined jurisdiction of other Courts and tribunals established under command of law as the same amounts to bypassing intent and wisdom of legislature. Mian Muhammad Yousaf and another v. Lahore Development Authority through Director-General, L.D.A. Plaza, Lahore and 5 others PLD 2001 SC 393; Haji Muhammad Ashraf v. The District Magistrate, Quetta and 3 others 2000 SCMR 238; Muhammad Waris Ali v. Deputy Commissioner, Sheikhupura and others 1999 SCMR 2380; Ali Gohar v. Province of Sindh and others 2018 CLC 1999; Abdur Rahman and 5 others v. Rifatullah and 8 others 2016 CLC Note 35; Mst. Azra Bibi v. Chief Settlement Commissioner, Punjab, Lahore and 7 others 2010 YLR 2159; Sher Samad Khan v. M.D.A. and others 2009 YLR 1504; Malik Zahoor Ahmed v. Divisional Canal Officer, Division Bahawalpur and others 2007 MLD 1309; Asad Shuja Siddiqui through General Attorney v. Lahore Development Authority, Lahore through Director General and 6 others 2006 YLR 79; Sh. Naveed Yaqoob and another v. Federal Government through Secretary of Defence, Islamabad and 4 others 2003 YLR 1268; Muhammad Khalid Javed and others v. Lahore Development Authority and others PLD 2021 Lah. 211; Syed Dost Ali v. Federation of Pakistan through Secretary Defence and 2 others 2016 CLC 367; Muhammad Raza and others v. Jammu and Kashmir Co-operative Housing Society, and others PLD 2013 Isl. 49…

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