Case Details

Citation(s)
1999 SLG 1029 1999 SLD 1029 1999 CLC 1642
Peshawar High Court
Writ Petition No. 130 of 1998, decision dated: 4-02-1999
JAWAID NAWAZ KHAN GANDAPUR AND NASIR-UL-MULK, JJ
Dost Muhammad Khan for Petitioner

ATLAS KHAN alias MIR ATLAS KHAN-

VS

ASSISTANT REGISTRAR, COOPERATIVE SOCIETIES

Law:

Section:

Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Maintainability---Factual controversy--­Registrar. Cooperative Societies issued notice for recovery of loan obtained by petitioner---Serious factual controversies existed between parties ---Effect--­Resolution of factual controversy, requiring recording of evidence could not be done in a Constitutional petition---Petition being not maintainable was dismissed in limine. ORDER NASIR-UL-MULK, J.--- The petitioner, Atlas Khan, has filed this writ petition to question the notice issued by the Assistant , Registrar, Cooperative Societies, Bannu directing the petitioner and three others to repay, before 31-10-1997, the outstanding amount regarding the loan taken from the Cooperative Bank. The petitioner denied being either member of the Cooperative Society of Anjuman-e-Imdad Bahimi Kotka Sahib Shah, Bannu or having taken any loan from the Cooperative Bank. In the comments filed in response to the writ petition the Assistant Registrar, Cooperative Societies averred that the petitioner was the Secretary of the Society and that he had also mortgaged his landed property in lieu of the loan advanced to the Society. 2. At the hearing of the writ petition, in motion, we…
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