2000 SCMR 238 SUPREME-COURT

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MUHAMMAD ASHRAF VS DISTRICT MAGISTRATE QUETTA 1985 SCMR 359, 1996 SCMR 710, Registration of Printing Press and Publications Ordinance 1990--12 , Registration of Printing Press and Publications Ordinance 1990 Ss. 42 & 54---Constitution of Pakistan (1973), Arts. 185(3) & 199---Suit for declaration and permanent injunction--.-Petitioner apprehending eviction from plot of land in dispute, had already filed suit for declaration and permanent injunction restraining respondent from dispossessing him from the plot and had also obtained interim orders from Court which was still operative---Petitioner pending said suit filed Constitutional petition in the High Court in the same matter contending that suit could not be considered as adequate remedy and sought exercise of Constitutional jurisdiction by High Court---High Court dismissed Constitutional petition, holding that petitioner having already invoked jurisdiction of Civil Court in respect of same cause of action and on same facts with almost similar prayer, proceedings before High Court by way of Constitutional petition were not maintainable---Validity--Even if petitioner had been allegedly forcibly dispossessed from plot in dispute, he could have conveniently approached Civil Court for appropriate action---Constitutional petition was rightly dismissed by High Court and Order of High Court could not be interfered with.