Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction---Scope---Constitutional jurisdiction was to be exercised only where the order of statutory Authority was without jurisdiction, illegal and against facts admitted on record---Pendency of civil suit, was considered to be not an efficacious and alternate remedy to deprive a litigant from invoking constitutional jurisdiction---Once a litigant opted a remedy, he must exhaust the same and he was not allowed to switch over to any other remedy in mid of proceedings just at his own sweet will---Petitioner, in the present case, during the pendency of constitutional petition, had, of its own, voluntarily filed a civil suit, exactly on the same cause of action before a civil court---Petitioner could not turn around to canvass the maintainability of constitutional petition---Constitutional petition merited dismissal on the ground of maintainability. Murree Brewery Co. Ltd. v. Pakistan through the Secretary to Government of Pakistan Works Division and 2 others PLD 1972 SC 279; Province of Punjab and 2 others v. Ch. Zahoor Elahi and others 1982 SCMR 173; Ch. Abdul Hamid v. Deputy Commissioner and others 1985 SCMR 359; Muhammad Mubarak Khan v. The Settlement and Rehabilitation Commission, Multan and Bahawalpur Division, Multan and 3 others 1980 CLC Lahore 1980; M.N. Steel Mills v. The Water and Power Development Authority PLD 1988 Lahore 243; Messrs Haroon Brothers v. Drugs Registration Board and another 1992 CLC Karachi 1017; Mst. Sattan and others v. Group. Captain Masroor Hussain PLD 1962 Lahore 151; Salahuddin and others v. Frontier Sugar Mills and Distillery Ltd. PLD 1975 SC 244; Commissioner of Income Tax Companies-II and another v. Hamdard Dawakhana (Waqf) Karachi PLD 1992 SC 847; Commissioner of Income Tax Karachi and 2 others v. Messrs N.V. Philip's Gloeilampenfabriaken PLD 1993 SC 434; Export Promotion Bureau and others v. Qaisser Snafiullah 1994 SCMR 859; Mukhtar Ali and others v. Settlement Commissioner (Lands) Sargodha and others 1975 SCMR 489 and Mir Zaman v. Mst. Sheda and 58 others 2000 SCMR 1689 rel. THIS ORDER PASSED BY: SARDAR MUHAMMAD ASLAM, J.--- Precisely the case of the…

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