Law:

Section:

Northern Areas Council Legal Framework Order, 1994-------Art. 19-A---Northern Areas Council Legal Framework (Amendment) Order 1999, Art.24, Part II---Constitution of Pakistan (1973), Arts.199, 23 & 24---Constitutional petition---Scope---Maintainability--Petitioners through civil suit claimed land under their possession as inherited property and prayed for perpetual injunction against respondents---Suit was partly decreed in favour of petitioners---Petitioners went in appeal against the finding of Trial Court and Appellate Court decreed suit as prayed by petitioners---Respondents went in second appeal before Judicial Commissioner who maintained the finding of Trial Court---Dispute between the parties did not come to end and matter went into revenue forum and Revenue Commissioner passed order which petitioners assailed in constitutional petition---Validity---Constitutional petition was an extraordinary remedy which could be granted only if order passed by concerned authority was illegal; void ab-initio, against natural justice or fundamental rights recognized by Constitution and no remedy was available thereagainst---Constitution and Legal Framework Order, 1994 recognized right to property as a fundamental right provided the same was a vested right---Competent Courts of civil jurisdiction having adjudicated upon the matter petitioners' claim over property was not coupled with ownership and they failed to prove infringement of a vested or fundamental right---Constitutional petition was dismissed in circumstances. Muhammad Shafi for Petitioner. Muhammad Issa for Respondents Nos.1 to 20. Advocate-General for Respondents 21 to 24. JUDGMENT MUZAFFAR ALI, J.---Through this writ petition, the petitioner has called the validity of the order, dated 20-8-2002, passed by the Revenue Commissioner, Northern Areas, Gilgit, in question. The long-standing litigation between the petitioner and the respondents 1 to 20 in various civil as well as the Revenue Courts since 1984 have arisen out of the facts that, the petitioner along with his other collaterals claimed the disputed land to be in their possession as their inherited property and prayed for perpetual injunction in the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492