2022 CLC 1896 PESHAWAR-HIGH-COURT

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Mst. ALIYA KHISRO VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Relief, Rehabilitation and Settlement Department at Secretariat,Peshawar arts. 24 & 199---Constitutional petition---Property rights---Finality of judgment---Petitioner was aggrieved of notification issued by authorities declaring land owned by her as 'state land'---Plea raised by petitioner was that land in question was decreed in her favour which decree was not assailed by authorities---Validity---One could not blow hot and cold in the same breath i.e. approbate and reprobate and on the basis of principle of estoppel---Once decree was passed and remained unchallenged, it had attained finality, therefore, claim of petitioner was admitted in terms of degree of Civil Court and report of Patwari was in negation of claim of authorities---For setting up of claim about 'state land' authorities were required not only to assail decree of Civil Court but also of Referee Court, especially when possession of property was handed over to petitioner---Petitioner was required to have been associated with any proceedings conducted by authorities for holding it to be a state land---If authorities were in need of that particular piece of land, they could get it but in accordance with provisions of the Constitution---authorities could not be allowed to usurp property of petitioner, to dispossess her or infringe her fundamental and statutory rights that too in violation of law of land---authorities were duty bound to act in accordance with law and petitioner was entitled to be treated in consonance with law---High Court declared notification in question to be illegal, against the law, in violation of fundamental rights of petitioner and basic statutory provisions affecting the rights of petitioner--- Constitutional petition was allowed, in circumstances. Head Notes

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