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MOAMBAR vs GOVERNMENT OF KHYBER PAKHTUNKHWA S — 2022 CLC 1605 PESHAWAR-HIGH-COURT

Case information

Citation
2022 CLC 1605 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
CLC
Parties
MOAMBAR vs GOVERNMENT OF KHYBER PAKHTUNKHWA S
Subject matter
Civil
Provisions referred to
S. 92---C; Khyber Pakhtunkhwa Forest Ordinance

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

MOAMBAR VS GOVERNMENT OF KHYBER PAKHTUNKHWA S.92---Civil Court, bar of jurisdiction---Scope---When a person brings plaint before Civil Court claiming therein that he had been owner and in possession of some property, which had not been part of any protected or reserved forest but is wrongly claimed to be part of such protected or reserved forest, then such question would be purely a question of civil nature involving title of a person in some immovable property---Jurisdiction of Civil Court has nowhere been excluded regarding determination of such question, by any provision of Khyber Pakhtunkhwa Forest Ordinance, 2002---Such provisions which provide for exclusion of jurisdiction of Civil Court is to be narrowly interpreted---Merely on the basis of a likelihood that an investigation or prosecution may simultaneously be lodged under the provisions of Khyber Pakhtunkhwa Forest Ordinance, 2002, would not be sufficient to totally oust jurisdiction of Civil Court even in matter of deciding question of title. Head Notes

Other judgments reported in 2022 CLC

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