Law: Constitution of Pakistan, 1973

Section: 199

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

Section: 2(a-i), 2(d), 2(h), 3, 12

REMARKS

(a) The case concerns the removal of encroachment under the Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act, 1977. The law allows only a properly appointed \"authorized officer\" of the Khyber Pakhtunkhwa Government to issue notices for removal of encroachment on public property owned or controlled by the provincial government where is in the case in hand, the notice issued to the petitioner was found to be invalid because the property in question (Khara No. 1014) actually belongs to the Railway Department (Federal Government), not the Irrigation Department (Provincial Government). Therefore, the respondent department had no legal authority to issue the notice. (b) The jurisdiction of the High Court under Article 199 of the Constitution of Pakistan is examined in relation to interfering with the order and judgment passed by the learned Tribunal. The writ of certiorari, as stipulated in Article 199(1)(a)(ii), empowers the High Court to correct errors committed by inferior courts or tribunals and annul acts or proceedings taken without lawful authority. C) The High Court\'s power to issue a writ of certiorari is supervisory, not appellate, and is exercised to correct errors of jurisdiction, illegality, or violation of natural justice. The Court may intervene if there is an error apparent on the face of the record or if the tribunal has acted without lawful authority. (d) However, the High Court\'s interference is limited to ensuring that the tribunal has acted in accordance with the law. If the tribunal\'s decision is lawful, the High Court will not substitute its own findings. The High Court\'s jurisdiction is confined to examining the legality and validity of the tribunal\'s decision, rather than re-evaluating the facts or law.

Summary:Two Words:
Jurisdiction Error