| Citation(s) |
|---|
| 2024 SLG 4269 2024 PLJ 103 , 2024 SLD 4269 |
Appellate Jurisdiction
J.P. No. 195 of 2017, decided on 8.5.2024.
Present: Jamal Khan Mandokhail, Syed Hasan Azhar Rizvi and Ms. Musarrat Hilali, JJ.
Mr. Waseem-ud-Din Khattak, ASC for Appellants (in C.A. No. 1471 of 2013). Mr. Rashdeen Nawaz Qasoori, Addl. AGP for Appellants (in C.A. No. 53 of 2014). Mr. Abdul Razzaq Raja, ASC for Appellants (in C.A. No. 187 & 188 of 2018). Hafiz Hafiz-ur-Rehman, ASC for Appellants (in C.As. No. 189 & 190 & 2018). Mr. Muhammad Akram Shaikh, Sr. ASC for Appellants (in C.A. No. 191 of 2018). Mr. Farooq Malik, ASC for Applicant (in C.M.A. No. 5008 of 2014). Mr. Rashdeen Nawaz Qasoori, Addl. AGP and Mr. Haroon Rasheed, Dy. Dir. FPSC for Federation: For FPSC. Mr. Aftab Alam Yasir, ASC for
Respondent No. 1 (in C.As. No. 187 & 189 of 2018). Dr. Khalid Ranjha, Sr. ASC for
Respondents No. 1-2 (in CAs No. 188, 190 & 191 2018). Mr. Abdul Razzaq Raja, ASC for
Respondents No. 5-9 (in CA 189 of 2018 and for
Respondents 7-10 in CA 190 of 2018 and for
Respondent No. 5 in CA 191 of 2018).
J.P. No. 195 of 2017, decided on 8.5.2024.
Present: Jamal Khan Mandokhail, Syed Hasan Azhar Rizvi and Ms. Musarrat Hilali, JJ.
Mr. Waseem-ud-Din Khattak, ASC for Appellants (in C.A. No. 1471 of 2013). Mr. Rashdeen Nawaz Qasoori, Addl. AGP for Appellants (in C.A. No. 53 of 2014). Mr. Abdul Razzaq Raja, ASC for Appellants (in C.A. No. 187 & 188 of 2018). Hafiz Hafiz-ur-Rehman, ASC for Appellants (in C.As. No. 189 & 190 & 2018). Mr. Muhammad Akram Shaikh, Sr. ASC for Appellants (in C.A. No. 191 of 2018). Mr. Farooq Malik, ASC for Applicant (in C.M.A. No. 5008 of 2014). Mr. Rashdeen Nawaz Qasoori, Addl. AGP and Mr. Haroon Rasheed, Dy. Dir. FPSC for Federation: For FPSC. Mr. Aftab Alam Yasir, ASC for
Respondent No. 1 (in C.As. No. 187 & 189 of 2018). Dr. Khalid Ranjha, Sr. ASC for
Respondents No. 1-2 (in CAs No. 188, 190 & 191 2018). Mr. Abdul Razzaq Raja, ASC for
Respondents No. 5-9 (in CA 189 of 2018 and for
Respondents 7-10 in CA 190 of 2018 and for
Respondent No. 5 in CA 191 of 2018).
AKISTAN ENGINEERING COUNCIL through Chairman and others--Appellants
VERSUS
MUHAMMAD SADIQ & others--Respondents
Law: Pakistan Penal Code, 1860 (XLV of 1860)--
Section: 302/324/34
Punjab Board of Revenue Act, 1957 (XI of 1957)-- ----S. 8--Constitution of Pakistan, 1973, Arts. 185(3) & 199--Application for demarcation--Report of Gardawar--Encroachments by petitioners--Appeal--Dismissed--Scope of remedy--Review petition--Dismissed--Remedy of review--Writ petition--Dismissed--Edequate and efficacious remedy--Challenge to--High Court, without adverting to grounds expressly taken by petitioners in their petition, concluded that remedy by way of review provided under Section 8 of Act of 1957 was adequate and efficacious for purposes of entertaining petition under Article 199 of Constitution--The scope of review jurisdiction under Section 8 of Act of 1957 is, therefore, restricted to grounds expressly prescribed by legislature--The High Court, without adverting to grounds taken by petitioners, had dismissed petition solely on ground that remedy of review under Act of 1957 was adequate--That conclusion, without examining grounds taken by petitioners, was not sustainable--If High Court, after examining grounds taken by petitioners and facts and circumstances of case was satisfied that they were covered within scope of remedy expressly provided under Act of 1957 then it would had been justified in deciding question of maintainability of petition under Article 199 of Constitution--Appeal allowed. [Pp. 614, 615 & 616] A, D & E Constitution of Pakistan, 1973-- ----Art. 199--Constitutional jurisdiction--When law provides an adequate remedy, constitutional jurisdiction under Article 199 will ordinarily only be exercised in exceptional circumstances--The exceptional circumstances which may justify exercising jurisdiction when an adequate remedy is available are when order or action assailed before High Court is palpably without jurisdiction, manifestly mala fide, void or corum non judice. [P. 614] B Punjab Board of Revenue Act, 1957 (XI of 1957)-- ----S. 8(1)--Scope of--Power of review-- The three grounds expressly stated in Section 8(1) of Act of 1957 are:(i) discovery of new and important matter or evidence which, after exercise of due diligence, was not within knowledge or could not be produced by person seeking review at time when decree was passed…
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