| Citation(s) |
|---|
| 2026 SLG 907 2026 SLD 907 |
Peshawar High Court
C.R No. 23-D/2026 with C.M No. 23-D/2026
Presented By: SADIQ ALI JUDGE
Date of hearing: 11.03.2026 For the Petitioner: Mr. Bahadur Khan Marwat, Advocate. For the
Respondents: Mr. Ahmed Abu Hanifa, Asstt, Advocate General.
C.R No. 23-D/2026 with C.M No. 23-D/2026
Presented By: SADIQ ALI JUDGE
Date of hearing: 11.03.2026 For the Petitioner: Mr. Bahadur Khan Marwat, Advocate. For the
Respondents: Mr. Ahmed Abu Hanifa, Asstt, Advocate General.
Sadar Shaheed
VERSUS
Government of Khyber Pakhtunkhwa through Secretary Mines and Minerals Department and others
Law: Code Of Civil Procedure, 1908.
Section: 9, 115, 10
Law: Khyber Pakhtunkhwa Mines and Minerals Act (XXXVI of 2017)
Section: 102(6)
TAG LINE
Ouster of civil court jurisdiction is not absolute; civil courts retain jurisdiction where action of authority is without jurisdiction, illegal, or tainted with mala fide.
SUMMARY
The petitioner challenged notices issued under the Khyber Pakhtunkhwa Mines and Minerals Act, 2017, alleging:
- The notices were issued by an unauthorized authority, and
- The action was mala fide and without jurisdiction
The trial court returned the plaint under Order VII Rule 10 CPC on the ground of statutory bar, and the appellate court upheld it.