| Case ID |
31cc1918-ca2d-4745-817e-e014c4881849 |
| Body |
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| Case Number |
W.P. No. 14990 of 2004 |
| Decision Date |
Mar 08, 2007 |
| Hearing Date |
Mar 08, 2007 |
| Decision |
The Lahore High Court dismissed the petition on the grounds of maintainability, asserting that the petitioners had voluntarily filed a civil suit on the same cause of action while a constitutional petition was pending. The court emphasized that once a litigant opts for a remedy, they must exhaust that remedy and cannot switch to another during the proceedings. The court referenced various precedents indicating that constitutional jurisdiction should only be exercised when an order of statutory authority is without jurisdiction or illegal. The court found that the petitioners could not challenge the maintainability of their constitutional petition after initiating a civil suit for the same relief, thereby affirming the dismissal of the writ petition. |
| Summary |
This case revolves around the constitutional jurisdiction under Article 199 of the Constitution of Pakistan, 1973. The petitioners, who claimed ownership of land in Lahore, challenged the acquisition of their property by the Lahore Development Authority (LDA) on grounds of improper assessment and political pressure. However, they had concurrently filed a civil suit regarding the same issue. The Lahore High Court ruled that the petitioners could not pursue a constitutional petition while a civil suit was pending for the same cause of action. The court stressed the importance of exhausting available remedies before approaching constitutional jurisdiction, thereby reinforcing public confidence in the judicial system. The court's decision is grounded in relevant case law, underscoring that constitutional relief is not a substitute for statutory remedies, particularly when an alternative remedy is available and efficacious. Key legal principles from this ruling emphasize the procedural requirements for invoking constitutional jurisdiction, making it critical for litigants to adhere to established judicial norms and practices. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SARDAR MUHAMMAD ASLAM, JUSTICE
|
| Lawyers |
Syed Kazim Bokhari,
Mr. Muhammad Ghani
|
| Petitioners |
ANOTHER,
SOHAIL SARWAR BUTT
|
| Respondents |
ANOTHER,
LAHORE DEVELOPMENT AUTHORITY THROUGH ITS DIRECTOR GENERAL, EGERTON ROAD, LAHORE
|
| Citations |
2007 SLD 1352,
2007 PLJ 857
|
| Other Citations |
PLD 1972 SC 279,
1982 SCMR 173,
1985 SCMR 359,
1980 CLC Lahore 1980,
PLD 1988 Lahore 243,
1992 CLC Karachi 1017,
PLD 1962 Lahore 151,
PLD 1975 SC 244,
PLD 1992 SC 847,
PLD 1993 SC 434,
1994 SCMR 859,
1975 SCMR 489,
2000 SCMR 1689
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|