Law: Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act, (V of 1977)

Section: 3,4,11

Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act (V of 1977)--- ----Ss.3, 4 11---Encroachment, removal of---Petitioner was aggrieved of interference of authorities in his possession over suit plot---Petitioner approached Civil Court but his plaint was returned to approach competent forum---Validity---Provisions of S. 4 of Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act, 1977, could only be pressed into service when order under S. 3 of Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act, 1977, was served upon an aggrieved person, who in addition to right of review could also file a suit or application before the Tribunal under S.14 of Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act, 1977---If Petitioner had any grievance against officials of respondent Authority for interference in his possession, he had remedy before Civil Court, which had plenary jurisdiction in the matter--- Petitioner had already filed a suit for redressal of his grievance but his earlier suit was returned for want of jurisdiction---Petitioner was technically knocked out and was left high and dry which was not the essence of law---Petitioner had a valid case before Civil Court unless he was ordered to remove encroachment if any, under Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act, 1977---High Court declined to interfere in the matter, as petitioner could competently have recourse to Civil Court in case of non-observance of legal formalities under S.3 of Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act, 1977---Constitutional petition was disposed of accordingly. Muhammad Farid and others v. Municipal Committee, Abbottabad through Administrator and others PLD 1999 SC 41 rel. JUDGMENT FAZAL SUBHAN, J.---Through this writ petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, (Constitution) the petitioner Muneer Ahmed has impugned the judgment/order dated: 27.04.2019 with the following prayer: - In view of above, it is submitted that by acceptance of present writ petition, the judgment/order of respondent No.2 be declared unlawful, ineffective upon the right of…

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