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

Section: 13

Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Specific Relief Act (I of 1877)

Section: 42

(a)    Khyber Pakhtunkhwa Public Property (Removal of Encroach-ment) Act (Vof 1977)-------S. 13---Constitution of Pakistan, Art. 199---Writ of certiorari, issuance of--Conduct of the party---Effect---Petitioners / plaintiffs invoked constitutional jurisdiction of the High Court against dismissal of their suit by the Tribunal constituted under Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act,1977---Validity---When the predecessor-in-interest of the petitioners/plaintiffs had challenged the award pertaining to the disputed property claiming themselves to be owners of the same and their suit was dismissed then, the petitioners could not file the suit-in-question claiming themselves to be the owners of the very property, being subject-matter of previous suit---Issuance of certiorari is a discretionary relief which can be considered by considering the facts of case qua the conduct of the party in juxtaposition with the decision impugned before the High Court because whenever such writ is issued it refers to the illegality of the forum below---Petitioners had concealed the facts of earlier suit filed by their predecessor-in-interest from the Court whereas the issuance of writ of discretionary relief, for which, one of the foremost conditions was that he who sought the remedy by way of issuance of writ must be fair and one who concealed the facts could never be held entitled for grant of writ---Constitutional petition was dismissed, in circumstances.Darvesh Khan v. Muhammad Sher Khan and others 1986 SCMR 352; Rehmatullah and others v. Mst. Hameeda Begum and others 1986 SCMR 1561 and Nawab Syed Raunaq Ali and. others v. Chief Settlement Commissioner and others PLD 1973 SC 236 ref.(b)    Khyber Pakhtunkhwa Public Property (Removal of Encroach-ment) Act (Vof 1977)-------S. 13---Civil Procedure Code (V of 1908), S. 115---Constitution of Pakistan, Art. 199---Suit for declaration filed before the Tribunal constituted under Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act, 1977, dismissal of--Constitutional powers of the High Court--- Scope--- Petitioners/ plaintiffs invoked constitutional jurisdiction…