Law: Constitution of Pakistan, 1973

Section: 199

   Constitution of Pakistan, 1973------Art. 199--Jurisdiction of High Court--Alternate remedies--Maintainability--Article 199 is for clear-cut cases of unlawful government action, not complex disputes requiring extensive fact-finding evidence and in such eventuality, petitioners should pursue alternative remedies, as High Court’s jurisdiction addresses clear illegalities, not intricate matters--The complex factual issues, including subject issues as agitated by petitioner to declare subject notices as illegal, should be resolved in a civil revisional Court, where lis was stated to be pending--Therefore, that petition was found to be not maintainable--Petition dismissed.ORDER:ADNAN-UL-KARIM MEMON, JUSTICE:---.---Petitioner Mst. Shazia Said Khan seeks the following declarations and orders:A) To direct to convert the old grant cantonment code lease of the subject property to a regular lease without undue delay and well within specified/stipulated time.B) To direct the respondents to evaluate/assess the property per applicable law and rules which are mentioned in SRP 837(I)/2019.2. We questioned the petitioners’ counsel on the maintainability of this petition under Article 199 of the Constitution on the premise that this Article is for clear-cut cases of unlawful government action, not complex disputes requiring extensive fact-finding/evidence and in such eventuality, petitioners should pursue alternative remedies, as this Court’s jurisdiction addresses clear illegalities, not intricate matters.3. Learned counsel for the petitioner has submitted that the petitioner is the title holder/occupant of a property measuring three thousand four hundred forty- nine point ninety six square yards (3449.96 sq. yards, situated at Bungalow/Survey No. 235, Staff Lines, Fatimah Jinnah Road, Saddar Cantonment, Karachi since the subject property devolved to the petitioner vide order ghis Court on…