| Case ID |
1090cc8d-307b-4ab1-8212-8f803c367d4a |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 4001-P of 2016 |
| Decision Date |
Jun 13, 2017 |
| Hearing Date |
Jun 13, 2017 |
| Decision |
The Peshawar High Court dismissed the constitutional petition filed by the petitioner, Astaghfirullah, who claimed ownership of a house alleged to be an encroachment on public land. The court determined that the Encroachment Tribunal had exclusive jurisdiction to address the matter, as the petitioner had previously challenged a similar notice before this tribunal. The court emphasized the availability of an alternative and adequate remedy, which precluded the invocation of its constitutional jurisdiction. As the petitioner had already engaged the tribunal regarding the initial notice, he could not bypass that forum to challenge subsequent notices. The court declined to interfere, upholding the principle of exhausting legal remedies before approaching higher courts. |
| Summary |
This case revolves around a constitutional petition concerning property ownership and alleged encroachment. The petitioner, Astaghfirullah, claimed to be the lawful owner of land and contested notices issued for the removal of his house, which was deemed an encroachment on public property. The Peshawar High Court examined the jurisdictional issues related to the Encroachment Tribunal, which is mandated to resolve disputes regarding public property status. The court found that the petitioner had already engaged with the tribunal regarding an earlier notice and therefore could not seek relief in the High Court for subsequent notices. The decision underscores the importance of legal remedies and the appropriate forum for addressing encroachment issues under the Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act, 1977. This case highlights key legal principles surrounding property rights, jurisdiction, and administrative procedures in Pakistan. Keywords: property ownership, encroachment, jurisdiction, Peshawar High Court, Khyber Pakhtunkhwa, public property, legal remedies. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
LAL JAN KHATTTAK,
IJAZ ANWAR
|
| Lawyers |
Muhammad Anwar Khan,
Moinuddin Hamayun,
Shabbir Hussain
|
| Petitioners |
Astaghfirullah
|
| Respondents |
SECRETARY IRRIGATION, PESHAWAR AND OTHERS
|
| Citations |
2018 SLD 714,
2018 PLD 47
|
| Other Citations |
2014 SCMR 122
|
| Laws Involved |
Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act,
Canal and Drainage Act,
Constitution of Pakistan
|
| Sections |
3,
70,
199
|