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: Civil
Provisions referred to: S. 13---C; S. 115---C; S. 115; Civil Procedure Code (V of 1908); Civil Procedure Code

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---Civil Procedure Code (V of 1908), S. 115---Constitution of Pakistan, Art. 199---Suit for declaration filed before the Tribunal constituted under Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act, 1977, dismissal of---Constitutional powers of the High Court--- Scope--- 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 Encroach-ment) Act, 1977---Validity---Declaration so sought by the petitioners/ plaintiffs could not be granted by the Tribunal especially when they could not place on record any document to substantiate their contention regarding the factum that the property was not public one rather it was in their ownership---No doubt the powers of the High Court under Art. 199 of the Constitution were vast as compared to the revisional powers under S. 115 of the Civil Procedure Code, 1908, however, for such relief the petitioners must come to the High Court in fair manner and with allthe facts---Constitutional petition was dismissed, in circumstances.

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