Case Details

Citation(s)
2024 SLG 4193 2024 PLJ 118 , 2024 SLD 4193
Appellate Jurisdiction
C.P.L.As. 210, 211, 212 and 213 of 2024, heard on 30.1.2024.(On appeal against judgments dated 16.01.2024 passed by the Lahore High Court, Lahore in W.Ps. No. 2610 and 2618, 2620 and 2664/2024)
 Munib Akhtar, Shahid Waheed and Irfan Saadat Khan, JJ.
Mr. Haider Mehmood Mirza, ASC Along with Petitioner in person (Through video link Lahore) for Petitioner.Mirza Abid Majeed, Deputy Prosecutor General, Punjab for State.Mr. Qaiser Abbas s/o M. Shafi deceased for Complainant.

IFTIKHAR HUSSAIN alias KHAROO--PetitionerversusSTATE--Respondent

Law: Election Act, 2017 (XXXIII of 2017)

Section: 75

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-- --

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