Citation Name: 2023 CLC 1093 PESHAWAR-HIGH-COURTBookmark this Case MUNEER AHMED vs GALYAT DEVELOPMENT AUTHORITY Ss — 2023 CLC 1093 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 CLC 1093 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: CLC
Parties: Citation Name: 2023 CLC 1093 PESHAWAR-HIGH-COURTBookmark this Case MUNEER AHMED vs GALYAT DEVELOPMENT AUTHORITY Ss
Subject matter: Civil
Provisions referred to: S. 4; S. 3; S. 14

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

Citation Name: 2023 CLC 1093 PESHAWAR-HIGH-COURTBookmark this Case MUNEER AHMED VS GALYAT DEVELOPMENT AUTHORITY Ss.3, 4 & 11---Encroachment, removal of---Petitioner was aggrieved of interference of authorities in his possession over suit plot---Petitioner approached Civil Court but his plaint was returned to approach competent forum---Validity---Provisions of S. 4 of Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act, 1977, could only be pressed into service when order under S. 3 of Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act, 1977, was served upon an aggrieved person, who in addition to right of review could also file a suit or application before the Tribunal under S.14 of Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act, 1977---If Petitioner had any grievance against officials of respondent Authority for interference in his possession, he had remedy before Civil Court, which had plenary jurisdiction in the matter--- Petitioner had already filed a suit for redressal of his grievance but his earlier suit was returned for want of jurisdiction---Petitioner was technically knocked out and was left high and dry which was not the essence of law---Petitioner had a valid case before Civil Court unless he was ordered to remove encroachment if any, under Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act, 1977---High Court declined to interfere in the matter, as petitioner could competently have recourse to Civil Court in case of non-observance of legal formalities under S.3 of Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act, 1977---Constitutional petition was disposed of accordingly.

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