Provincial Government through Secretary Local Government, Peshawar vs Kamal Khan S — 2025 YLR 56 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 YLR 56 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: YLR
Parties: Provincial Government through Secretary Local Government, Peshawar vs Kamal Khan S
Subject matter: Civil
Provisions referred to: S. 40---K; S. 124---S; S. 42---C; S. 47---C; S. 124; S. 40; Khyber Pakhtunkhwa Local Government Ordinance (XIV of 2001); Specific Relief Act (I of 1877); Civil Procedure Code (V of 1908); Khyber Pakhtunkhwa Local Government Ordinance; Khyber Pakhtunkhwa Local Government Act

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

Provincial Government through Secretary Local Government, Peshawar VS Kamal Khan S. 40---Khyber Pakhtunkhwa Local Government Ordinance (XIV of 2001) S.124---Specific Relief Act (I of 1877), S. 42---Civil Procedure Code (V of 1908), S. 47---Consent decree---Execution---Fresh lease of property---Suit for declaration was filed by respondents/plaintiffs challenging notice issued by petitioners / Local Government relating to enhancement of rent/ lease amount---Trial Court decreed the suit and during execution of decree, petitioner / Local Government offered to issue fresh lease contract---Respondents/ plaintiffs objected to issuance of fresh lease---Executing Court and Lower Appellate Court allowed objections of respondents / plaintiffs---Validity---In the present case the consent decree was not executable---Decree passed in favour of respondents / plaintiffs was a nullity in the eye of law and its operation ran contrary to express provisions of law---High Court in exercise of Constitutional jurisdiction set aside orders passed by two Courts below and relief was moulded to the effect of giving declaration, that judgment and decree of Trial Court could not be executed against express provisions of law i.e. S.124 of Khyber Pakhtunkhwa Local Government Ordinance, 2001 and S.40 of Khyber Pakhtunkhwa Local Government Act, 2013---Constitutional petition was allowed accordingly.

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