 |
| 2026 clc 727 |
کینٹونمنٹ بورڈ کے تجاوزات نوٹس کے خلاف سول عدالت سے رجوع کیا جا سکتا ہے
✨ مقدمہ کی مختصر روداد
⚖ ہائیکورٹ نے قرار دیا
📌 اہم قانونی اصول
📖 متعلقہ قوانین
Must read judgement.
2026 CLC 727
[Peshawar (Abbottabad Bench)]
Before Sadiq Ali, J
SHOUKAT PARVEEZ and another --Petitioners
CANTONMENT BOARD through Executive Officer and another-Respondents
Writ Petition No. 142-A of 2021, decided on 17th April, 2025.
(a) Civil Procedure Code (V of 1908)---
---S.9 & O.VII, R.10---Cantonments Act (II of 1924), S.108-Constitution of Pakistan, Art.199---Constitutional petition---Courts below returning the plaint---Administrative notice for removal of encroachment, challenge to-Suit for injunction and possession---Maintainability---Jurisdiction of Civil Court-Scope---Brief facts were that the petitioners instituted a civil suit seeking permanent injunction and possession in respect of immovable property after a notice for removal of alleged encroachment was issued by the Cantonment Executive Officer under 5.108 of the Cantonments Act, 1924; during the pendency of the suit, the Trial Court, instead of deciding the application for temporary injunction, returned the plaint under O.VII, R.10, C.P.C. for presentation before the proper forum, which order was upheld by the District Court in revision, whereupon the petitioners invoked the constitutional jurisdiction of the High Court through the present writ petition-Held: Notice under S.108 the Cantonments Act, 1924 being administrative in nature and having the effect of affecting the civil rights of the petitioners raised issues that were of a civil nature--These include questions relating to title, possession, lawful occupation, and alleged encroachment, which fell well within the scope of civil adjudication---Moreover, there was no express bar under the Cantonments Act, 1924, that ousted the jurisdiction of Civil Courts in matters where executive actions were challenged on the grounds of illegality, arbitrariness, malice, or want of jurisdiction---Courts below erred in law by returning the suit filed by the petitioners which was maintainable---Constitutional petition was allowed, in circumstances.
Mardan Ways SNG Station v. General Manager SNGPL and others 2022 SCMR 584 rel.
(b) Civil Procedure Code (V of 1908)---
---S.9-Alternate remedy in a statute, availability of---Effect upon jurisdiction of Civil Court---Where impugned action is without lawful authority-Scope-Even where an alternative remedy may be available under the statute (such as appeal or revision before a higher cantonment authority), the civil court's jurisdiction is not barred where the action impugned is alleged to be without lawful authority or in violation of fundamental rights or natural justice.
Nemo for Petitioners.
Haji Muhammad Yousaf for Respondents.