Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art. 199--- Constitutional petition--- Maintainability--- Factual controversy---Scope---Petitioner sought compensation of the land resumed by the respondent for public purpose---Validity---Petitioner had failed to attach any title document with the petition---Incumbent upon the petitioner exhausting remedy under Art. 199 of the Constitution to establish that he has legal right over the subject property and that such right was so clear that it left no room of doubt or any controversy---Matter involving the disputed and unclear title over the subject property could not be entertained and allowed to be agitated in writ jurisdiction---Exercise of extraordinary jurisdiction under Art. 199 was intended primarily for providing an expeditious remedy in a case where the illegality of the impugned action of an executive or other authority was floating on the surface, which could be established without any elaborate enquiry into the questions involved in the matter---Petitioner had no clear or undisputed title over the subject land, which was Government land---Constitutional petition being not maintainable was dismissed. Dr. Sher Afgan Khan Niazi v. Ali S. Habib and others 2011 SCMR 1813 and N.W.F.P. Public Service Commission and others v. Muhammad Arif and others 2011 SCMR 848 rel. JUDGMENT ROZI KHAN BARRECH, J.---Through the instant constitution petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the following relief has been sought by the petitioner: In view of the above it is accordingly respectfully prayed to direct the respondent to decide the application of the petitioner and also directed the respondent to give the compensation to the extent of land coming in the road cutting. Any better relief in the circumstances may also be awarded in the interest of justice. 2. The case of the petitioner, as set up in the instant petition, is that the main road of the District Panjgoor is under construction, and the land of the petitioner is also coming in the road cutting. The respondent called the petitioner for compensation, and gave compensation to the petitioner to the extent of date trees coming in…

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