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The DEPUTY COMMISSIONER BAJAUR vs Mst — 2024 CLC 64 PESHAWAR-HIGH-COURT

Case information

Citation
2024 CLC 64 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
CLC
Parties
The DEPUTY COMMISSIONER BAJAUR vs Mst
Subject matter
Criminal
Provisions referred to
S. 151; S. 94; Civil Procedure Code (V of 1908)

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

The DEPUTY COMMISSIONER BAJAUR VS Mst. MAHI SULTAN Ss.7(5) & 11---Civil Procedure Code (V of 1908), Ss. 94(e) & 151---ante status quo, issuance of---allotment of Government accommodation---Grant or issuance of ante status quo order/impugned order by the tribunal is very rare under the provisions of Section 94 (e) read with S. 151 of the Code of Civil Procedure, 1908 (C.P.C) for which, the existence of two essential ingredients is one of the requirements---When the order of confirmation of the ad-interim injunction was issued, admittedly, the respondent/ plaintiff was not in possession of the quarter, therefore, in no way, the respondent/plaintiff was entitled for ante status quo for lack of exceptional circumstances for the purpose of grant of extra-ordinary relief in favour of the respondent/plaintiff---Undoubtedly, the cancellation of allotment had not been disputed by the respondent/plaintiff either through appeal or through petition before the High Court and for that matter through her suit before the Tribunal, for which, an appropriate remedy had already been provided in the statute for an aggrieved person and the respondent/plaintiff might have approach the appropriate forum for redressal of her grievance---Thus, the jurisdiction exercised by the Tribunal in the matter was not legally justified and the impugned order for grant of ante status quo was not in consonance with the provision of S. 94 of C.P.C.---Hence, the impugned orders and filing of the suit before the Tribunal could not be sustainable---Petition was allowed by setting aside the impugned order, in circumstance.

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