1990 PLD 1195 SUPREME-COURT

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MUMTAZ AHMAD VS ASSISTANT COMMISSIONER Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , Terrorism--TERM , Para.25(1)---Constitution of Pakistan (1973), Arts. 199 & 185(3)---Ejectment of tenants from agricultural land---Constitutional jurisdiction, invocation of---Suit for eviction of petitioners/tenants had been instituted under para.25(1) of the Regulation and no progress of any significance had been made in the proceedings of the suit ---Shariat Appellate Bench of Supreme Court in the meantime declared the relevant provisions of the said Regulation as against the injunctions of Islam and accordingly ejectment proceedings were rendered ineffective---Petitioners filed Constitutional petition without seeking any intermediary remedies provided by the law, with a view to seek annulment of the proceedings--- Held,, petitioners should not have approached the High Court without exhausting other remedies provided in law in the hierarchy of the Revenue Forums---Constitutional petition being premature thus could be dismissed on that ground alone---Proper procedure to be followed by petitioners.