Law: Constitution of Pakistan, 1973

Section: 199

Law: Khyber Pakhtunkhwa Consumers Protection Act, (VI of 1997)

Section: 9

Law: Code Of Civil Procedure, 1908.

Section:

 Summary The petitioners challenged the orders of the Consumer Court, Haripur, whereby the Court entertained complaints relating to the widening of a public pathway, mutation, registry, and demarcation of land arising out of a compromise recorded between the parties. The High Court held that such disputes are purely civil and revenue matters, falling outside the jurisdiction of the Consumer Court under the Khyber Pakhtunkhwa Consumers Protection Act, 1997. The Court ruled that although the Consumer Court had earlier recorded a compromise regarding widening of the public pathway, it could not subsequently entertain proceedings concerning mutation, demarcation, registry, or enforcement of revenue obligations. Such matters lie exclusively within the jurisdiction of the competent Revenue or Civil Courts. Consequently, the impugned order dated 12.11.2024 was declared without lawful authority and the complaint was held not maintainable. Tagline Consumer Courts cannot adjudicate disputes relating to land demarcation, mutation, title, or public pathways, as such matters fall exclusively within the jurisdiction of Civil and Revenue Courts. ORDER; AURANGZEB, J.- Through the instant writ petition, the petitioner has prayed as under. “It is therefore most humbly prayed that on acceptance of instant writ petition, the impugned judgments/orders dated 12.11.2024 and 01.03.2024 passed by learned Consumer Court Haripur may graciously set aside being without lawful jurisdiction, unwarranted at law and facts, illegal, unlawful, capricious and against the norms of justice. Any other proceedings conducted and mutation attested on the basis of impugned judgments/orders also be cancelled. Any other relief   deems appropriate may also be granted in favour of petitioners.”   Precisely stated, the facts giving rise to the present writ petition are that respondents Nos. 1 to 5 initially filed Complaint No. 654/CC before the learned Consumer Court, Haripur, seeking removal of alleged encroachment. During the pendency of the said complaint, petitioners Nos. 1 and 3 were impleaded as parties in the array of respondents. Respondents Nos. 6, 7, 13, and 14…