Citation Name: 2023 CLC 1066 PESHAWAR-HIGH-COURTBookmark this Case TEHSIL MUNICIPAL ADMINISTRATION (TMA) vs RA

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Citation Name: 2023 CLC 1066 PESHAWAR-HIGH-COURTBookmark this Case TEHSIL MUNICIPAL ADMINISTRATION (TMA) VS RAJA KHAN Ss. 11, 12, 13, 14(1) & 14(2)---Khyber Pakhtunkhwa Public Property (Removal of Encroachment ) Rules, 1981, R. 9---Civil Procedure Code (V of 1908), O.VIII, R.10---Dispute/controversy brought before the Tribunal established under the Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act, 1977 ("the Act, 1977")---Jurisdiction and Procedure---Scope---Tribunal, powers of---Right of the defendant to file written statement, struck off---Appeal, right of---Scope---Held, that when the order in writing directing a person to vacate a public property and to remove structure within specified period was passed, an aggrieved person could file a suit before the Tribunal established under S.12 of the Act, 1977 as per procedure laid down under R.9 of Khyber Pakhtunkhwa Public Property (Removal of Encroachment ) Rules, 1981---Section 13 of the Act, 1977 had conferred exclusive jurisdiction upon the Tribunal for determination of dispute that any property was a public property or otherwise---Whereas S.11 of the Act, 1977 barred the jurisdiction of Civil Courts in such matters---Tribunal had to decide the suit or application as per prescribed procedure by virtue of S.14(1) of the Act, 1977, whereas subsection (2) of S.14 of the Act, 1977 gave finality to the orders passed by the Tribunal in respect of the controversy under the Act, 1977---Section 14(2) of the Act, 1977 stipulated that any orders passed by the Tribunal which conclusively had decided the rights of the parties with regard to all or any matters in controversy under the Act, 1977 would be final and binding upon the parties---Act of 1977 had not provided any right of appeal against the orders conclusively deciding the controversy or any other matter relevant thereto, hence no right of appeal was available to the appellant/defendant and, therefore, appeal filed against the order of striking down the right of filing written statement was not maintainable---Appeal, being not maintainable, was dismissed, in circumstances. Citation Name: 2023 CLC 1066 PESHAWAR-HIGH-COURTBookmark this Case TEHSIL MUNICIPAL ADMINISTRATION (TMA) VS RAJA KHAN No right of appeal under the statute---Other remedies, availing of---Right of appeal was creation of statute---Such right could be available to a litigant when the law specifically conferred any right of appeal, however, when the statute by itself did not provide the right of appeal, then other remedies available under the general law or Constitution could be pressed into service. Citation Name: 2023 CLC 1066 PESHAWAR-HIGH-COURTBookmark this Case TEHSIL MUNICIPAL ADMINISTRATION (TMA) VS RAJA KHAN O.VIII, R.10---Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act (V of 1977), S. 12---Suit for declaration and permanent injunction---Rights of the defendant, striking off---Sufficient opportunities---Scope---Appellant / defendant, despite successive adjournments and specific order (of last opportunity), failed to file written statement and reply to the application for temporary injunction---Tribunal struck off the right of the appellant/defendant to the extent of filing written statement and reply to the application for temporary injunction---Tribunal confirmed the status quo order in favour of the plaintiff/respondent---Held, that sufficient opportunities for compliance of Court's direction to file written statement and reply were granted which were not availed, thus on merit no justification or sufficient cause was shown by the appellant/defendant for setting aside the impugned order ---Appeal was dismissed, in circumstances.

Citation Name: 2023 CLC 1066 PESHAWAR-HIGH-COURTBookmark this Case TEHSIL MUNICIPAL ADMINISTRATION (TMA) vs RAJA KHAN Ss — 2023 CLC 1066 PESHAWAR-HIGH-COURT

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