| Case ID |
3982fe44-acdb-467e-8a50-902ad09a22c5 |
| Body |
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| Case Number |
D-2037 of 1993 |
| Decision Date |
Apr 03, 2002 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the petition filed by Javedan Cement Limited, stating that the disputed questions of fact cannot be determined in a constitutional petition. The court emphasized that while site inspections can provide insight, they do not replace the need for proper evidence. The court reaffirmed that extraordinary constitutional jurisdiction under Article 199 cannot be converted into original civil jurisdiction. The petitioner was advised to approach the appropriate forum for implementing the decisions taken by the Board of Revenue regarding the cancellation of Sanads issued under the Gothabad Act. |
| Summary |
In the case of Javedan Cement Limited vs. Deputy Commissioner, District West Karachi and others, the Sindh High Court examined the constitutional petition regarding the legality of orders issued by the Deputy Commissioner. The petitioners sought to declare the orders illegal and to suspend their operation, claiming encroachment on state land. The court held that while it can consider some questions of fact under its constitutional jurisdiction, it cannot resolve disputed questions of fact in this context. The decision emphasized the importance of evidence over site inspections. The court ultimately dismissed the petition, directing the petitioners to seek relief from the appropriate forum. This case highlights the limitations of constitutional jurisdiction and the necessity of proper legal procedures in civil disputes. Keywords: constitutional jurisdiction, site inspection, evidence, civil procedure, legal relief. |
| Court |
Sindh High Court
|
| Entities Involved |
Board of Revenue,
Javedan Cement Limited
|
| Judges |
MUHAMMAD ROSHAN ESSANI,
MUHAMMAD MUJEEBULLAH SIDDIQUI
|
| Lawyers |
Abdul Aziz For Petitioner,
Muhammad Rgfiq, Addl. A.G. for Respondents Nos. 1 and 4,
Ikram Ahmed for Respondents Nos. 2 and 3
|
| Petitioners |
JAVEDAN CEMENT LIMITED
|
| Respondents |
DEPUTY COMMISSIONER, DISTRICT WEST KARACHI,
51 others
|
| Citations |
2002 SLD 2031,
2002 CLC 1804
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
O. XVIII, R.18,
S.9,
Art. 199
|