Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----Ss. 42, 55 & 56(d)---Balochistan Ground Water Rights Administration Ordinance (IX of 1978), Ss. 3(6)(d), 4 & 5---Civil Procedure Code (V of 1908), O. VII, R. 11 & O. XXXIX, Rr. 1, 2---Constitution of Pakistan, Art. 199---Constitutional petition---Suit for declaration and mandatory injunction---Excavation of tube-well by plaintiff in unsettled/Baroon-uz-Line land without obtaining NOC from District Water Committee---Order of Collector directing stoppage of boring of tube-well challenged by plaintiff through such suit---Private defendant's application under O. VII, Rule 11, C.P.C. for rejection of plaint---Interim order of Trial Court suspending operation of such order of Collector---Revision petition by plaintiff challenging order of Trial Court impleading private defendant as party in the suit---Interim order of Revisional Court directing parties to maintain status quo---Validity---Plaintiff instead of challenging such order of the Collector before Commissioner in appeal had tried to flout and frustrate same by filing the suit, which Trial Court had wrongly entertained and issued injunction order in favour of plaintiff in utter disregard to S.56(d) of Specific Relief Act, 1877---Suit for declaration to challenge an order passed by an official in discharge of his public duty would not be maintainable as such official could not be restrained nor an injunctive order could be issued to interfere with public duties of any department particularly in case of availability of remedies of appeal or revision thereagainst under the relevant law---Plaintiff had no lawful right or entitlement to carry out boring work without permission of such Committee on suit land, which was not recorded in plaintiff's name in revenue record---High Court accepted constitutional petition and rejected plaint in suit pending before Trial Court and set aside all orders passed by Trial Court and Revisional Court and referred matter to such Committee for its decision in accordance with law after hearing parties while directing plaintiff not to start any boring work till such decision. (b) Administration of justice--- ----Judge, duty of ---…

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