| Case ID |
3cd22c14-16bc-477f-ae22-0e113fd492b1 |
| Body |
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| Case Number |
W.P. No. 1291-P of 2022 |
| Decision Date |
May 13, 2022 |
| Hearing Date |
May 13, 2022 |
| Decision |
The Peshawar High Court allowed the constitutional petition filed by Fazal Khan and others, who were co-owners of a disputed property. The court found that the actions taken by the Additional Deputy Commissioner and revenue officials were without jurisdiction and involved mala fide collusion with private respondents. The court emphasized that Section 175 of the West Pakistan Land Revenue Act is not applicable in disputes between co-owners regarding property not reserved for any specific purpose. The court ordered the restoration of possession of the property to the petitioners within one month. |
| Summary |
In the case of Fazal Khan and others vs. Additional Deputy Commissioner and others, the Peshawar High Court addressed a dispute involving co-ownership of property situated at Village Dag Ismail Khel. The petitioners challenged an order from the Additional Deputy Commissioner which resulted in the possession of the property being handed over to private respondents. The court found that the revenue officials acted without jurisdiction and in collusion with the private respondents, highlighting a misuse of authority. The court ruled that co-owners should seek remedies through civil proceedings rather than through administrative orders. This case underscores the importance of lawful jurisdiction and the protection of co-owners' rights in property disputes, particularly within the context of the West Pakistan Land Revenue Act and the Constitution of Pakistan. |
| Court |
Peshawar High Court
|
| Entities Involved |
District Nowshera
|
| Judges |
Ijaz Anwar,
Syed Arshad Ali
|
| Lawyers |
Mr. Rab Nawaz Khan, AAG,
Waqif Khan, Tehsildar Pabbi, District Nowshera,
Mr. Muneer-ud-Din Ghori
|
| Petitioners |
others,
FAZAL KHAN
|
| Respondents |
others,
ADDITIONAL DEPUTY COMMISSIONER
|
| Citations |
2023 SLD 7026,
2022 PLJ 6
|
| Other Citations |
2009 SCMR 688,
1999 SCMR 2325,
2004 YLR 322,
2014 YLR 2046
|
| Laws Involved |
Constitution of Pakistan, 1973,
Civil Procedure Code (V of 1908),
West Pakistan Land Revenue Act, 1967 (XVII of 1967),
Specific Relief Act, 1877 (I of 1877)
|
| Sections |
199,
1,
2,
175,
9
|