Law:

Section:

North West Frontier Province Public Property (Removal. of Encroachments) Act (V of 1977) S. 13 Constitution of Pakistan (1973), Art.199 Constitutional petition -Maintainability Jurisdiction Petitioner was in possession of shop of Municipal Corporation as its tenant Administrator of Corporation ejected the petitioner from the shop without notice and structure of shop was razed to the ground Validity Remedy being available to the petitioner before Civil Court or by challenging the action of Corporation before Tribunal constituted under S.13 of the Act, jurisdiction of any other forum was excluded Constitutional petition under Art. 199 of the Constitution, therefore, was not maintainable. THIS ORDER PASSED BY: SARDAR MUHAMMAD RAZA KHAN, JUSTICE:---.---- The petitioners possessed a shop, detailed in the heading and situated in the premises of General Bus Stand, Peshawar, where they used to run their business. The premises falling within the limits of Municipal Corporation, Peshawar, the petitioner/petitioners were ousted therefrom by the Administrator and the structure was razed to the ground. 2. Such action of the Administrator is challenged through the instant petition under Article 199 of the Constitution. The allegations are threefold in nature. Firstly, that the petitioner was a lawful tenant of the Municipal Corporation and was unlawfully ejected. Secondly, that the Administrator appointed under section 159(5) of Local Government Ordinance had no authority to even occupy the post, much…

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