| Case ID |
43109804-a2d8-4be6-ab70-f532b26a5626 |
| Body |
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| Case Number |
Writ Petition No.390-M of 2022 |
| Decision Date |
Jan 10, 2023 |
| Hearing Date |
Jan 10, 2023 |
| Decision |
The High Court granted a temporary injunction in favor of the petitioner, Anwar Khan, for a period of 45 days. This was based on the finding that there was a good arguable case presented by the petitioner regarding his ownership and possession of the property in question. The court emphasized that for discretionary relief, the petitioner needed to demonstrate a prima facie case, balance of convenience, and irreparable loss. The court found that the factors suggested a prima facie case existed, warranting the injunction pending the decision of the Tribunal on the main case. |
| Summary |
In the case of Anwar Khan versus the Assistant Commissioner, Tehsil Alpurai, the Peshawar High Court dealt with a significant legal issue regarding property rights under the Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act, 1977. The petitioner, Anwar Khan, contested a notice served by the Assistant Commissioner demanding the removal of a built structure on the grounds of encroachment. The petitioner claimed ownership of the property, having purchased it approximately 35 years ago and constructed a five-storey building and shops without objection from the authorities until recent actions were taken. The High Court's ruling emphasized the importance of establishing a prima facie case for obtaining a temporary injunction, which was achieved based on the facts presented. The court's decision to grant a 45-day temporary injunction underscores the delicate balance between public property rights and individual ownership claims, a topic that remains highly relevant in property law discussions today. |
| Court |
Peshawar High Court, Mingora Bench
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Naeem Anwar,
Dr. Khurshid Iqbal
|
| Lawyers |
Asghar Ali,
Haq Nawaz
|
| Petitioners |
ANWAR KHAN
|
| Respondents |
ASSISTANT COMMISSIONER, TEHSIL ALPURAI, DISTRICT SHANGLA
|
| Citations |
2023 CLC 1406,
2023 SLD 1622
|
| Other Citations |
Muhammad Yaqoob v. Mohsin 2000 CLC 1556,
Muhammad Matin v. Mrs. Dino Manekji Chinoy and others PLD 1943 Kar. 387,
Browonlie v. Four Seasons Holding Incorporated by the UK Court Appeal (Civil Division) [2015] EWCA Civ 665,
Four Seasons holding Inc. v. Browlie [2017] UKSC 80
|
| Laws Involved |
Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act, 1977,
Civil Procedure Code, 1908
|
| Sections |
3,
1,
2
|