TEHSILDAR, MARDAN vs ASIF BACHA S — 2021 PLD 166 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 PLD 166 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: PLD
Parties: TEHSILDAR, MARDAN vs ASIF BACHA S
Subject matter: Civil
Provisions referred to: S. 12---C; S. 115---S; Civil Procedure Code (V of 1908); Civil Procedure Code

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

TEHSILDAR, MARDAN VS ASIF BACHA S. 12---Civil Procedure Code (V of 1908), S. 115---Suit for declaration/permanent injunctions against Petitioner/Defendant (Tehsildar) who served notices directing to remove superstructure over suit properties---Plaintiffs/respondents alleging to be owners in possession---Said notices were set aside by the Tribunal---Review petition was also dismissed---Validity---Held, that Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act, 1977 did not provide any right of appeal/revision before High Court---Provisions of Civil Procedure Code, 1908 were not applicable to proceedings under the Act 1977, as such the revision petitions were not maintainable---Conversion of present Revision petitions into writ petitions was to nullify the legislative intend of not providing revisionary power to High Court, which was not permissible under the law---Contention for the said conversion was repelled and Revision petitions were dismissed.

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