Citation Name: 2024 YLR 2218 PESHAWAR-HIGH-COURTBookmark this Case Sultan-e-Room vs Gul Roz Khan Ss

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Citation Name: 2024 YLR 2218 PESHAWAR-HIGH-COURTBookmark this Case Sultan-e-Room VS Gul Roz Khan Ss. 133 & 561-a---Unlawful obstruction or nuisance---Proceedings delayed by assistant Commissioner for about seven years---Petitioner while doing blade in his property had allegedly pushed the soil to the adjacent Barani Khwar, which allegedly caused obstruction to the flow of rain water of the petitioner's house and as such it would create nuisance for the inhabitants---assistant Commissioner passed the conditional order and directed that the obstruction/debris be removed from the Barani Khwar---again a report was sought from the Tehsildar, who submitted that infact no Khwar existed there and as alleged by the respondent the blade had not caused any obstruction---Thus, the assistant Commissioner dismissed the complaint vide order dated 15.09.2015---Complainant filed a revision petition, which was allowed and matter was remanded for decision afresh---Complainant submitted an application that the present petitioner had once again started his activities to obstruct the said Barani Khwar---assistant Commissioner vide order dated 19.07.2016 directed the local police to remove debris from the Khwar and summoned the petitioner---Petitioner filed a review petition, however the same was dismissed vide order dated 09.09.2016---Revision was filed but the same was dismissed vide order dated 22.02.2017---Petitioner sought quashing of the impugned orders---Held, that admittedly the complaint of the respondent was pending adjudication before the assistant Commissioner and he had yet to record evidence of the parties and pass the final order---Impugned order was passed way back on 15.07.2016 but till date no proceedings in the main complaint had taken place for unknown reason as the High Court had not passed any restraining order to proceed with the complaint---Before stoppage of the proceedings in a case the Court or authority must appraise itself that as to whether the stoppage of judicial proceedings had been ordered by the next higher Court or not and in absence of any black and white order in writing the Court or authority should not make redundant the case pending before it---In this case despite the fact that no restraining order qua the staying of proceedings had been passed, even then for the last seven years no proceedings had been carried out by the assistant Commissioner and as such the unnecessary delay in the conclusion of cases was eroding the trust of litigants on the system---Therefore, any Court or authority who is seized of the matter should decide the case pending before it in expeditious manner as far as it is practicable---accordingly, petition being bereft of any merits was dismissed.

Citation Name: 2024 YLR 2218 PESHAWAR-HIGH-COURTBookmark this Case Sultan-e-Room vs Gul Roz Khan Ss — 2024 YLR 2218 PESHAWAR-HIGH-COURT

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