Citation Name: 2024 YLR 982 PESHAWAR-HIGH-COURTBookmark this Case ABDUL MAJEED vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary, Housing and Physical Planning at Peshawar S — 2024 YLR 982 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 YLR 982 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 982 PESHAWAR-HIGH-COURTBookmark this Case ABDUL MAJEED vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary, Housing and Physical Planning at Peshawar S
Subject matter: Constitutional
Provisions referred to: S. 13---C

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: 2024 YLR 982 PESHAWAR-HIGH-COURTBookmark this Case ABDUL MAJEED VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary, Housing and Physical Planning at Peshawar S. 13---Constitution of Pakistan, Art. 199---Writ of certiorari, issuance of---Conduct of the party---Effect---Petitioners / plaintiffs invoked constitutional jurisdiction of the High Court against dismissal of their suit by the Tribunal constituted under Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act,1977---Validity---When the predecessor-in-interest of the petitioners/plaintiffs had challenged the award pertaining to the disputed property claiming themselves to be owners of the same and their suit was dismissed then, the petitioners could not file the suit-in-question claiming themselves to be the owners of the very property, being subject-matter of previous suit---Issuance of certiorari is a discretionary relief which can be considered by considering the facts of case qua the conduct of the party in juxtaposition with the decision impugned before the High Court because whenever such writ is issued it refers to the illegality of the forum below---Petitioners had concealed the facts of earlier suit filed by their predecessor-in-interest from the Court whereas the issuance of writ of discretionary relief, for which, one of the foremost conditions was that he who sought the remedy by way of issuance of writ must be fair and one who concealed the facts could never be held entitled for grant of writ---Constitutional petition was dismissed, in circumstances.

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