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    Order Sheet in The Lahore High Court Lahore Judicial Department

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    Nemat Ullah
    The document is an order sheet from the Lahore High Court regarding writ petition W.P. No. 57828 of 2019 filed by Khalid Sikandar against the Additional District Judge, Kamalia. The petitioner challenged orders dismissing his revision petition and application for appointment of a local commission. However, the court found that it could not exercise jurisdiction under Article 199 as the petitioner did not establish any jurisdictional defects in the orders or exceptional circumstances. As no appeal was provided and revision was already exercised, no other remedy was available, so invoking constitutional jurisdiction would circumvent legislative intent. Therefore, the writ petition was dismissed.

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    © All Rights Reserved
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    Order Sheet in The Lahore High Court Lahore Judicial Department

    Uploaded by

    Nemat Ullah
    30 views4 pages
    The document is an order sheet from the Lahore High Court regarding writ petition W.P. No. 57828 of 2019 filed by Khalid Sikandar against the Additional District Judge, Kamalia. The petitioner challenged orders dismissing his revision petition and application for appointment of a local commission. However, the court found that it could not exercise jurisdiction under Article 199 as the petitioner did not establish any jurisdictional defects in the orders or exceptional circumstances. As no appeal was provided and revision was already exercised, no other remedy was available, so invoking constitutional jurisdiction would circumvent legislative intent. Therefore, the writ petition was dismissed.

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    Lahore high court

    Original Title

    2019 Lhc 3293

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    The document is an order sheet from the Lahore High Court regarding writ petition W.P. No. 57828 of 2019 filed by Khalid Sikandar against the Additional District Judge, Kamalia. The petitioner challenged orders dismissing his revision petition and application for appointment of a local commission. However, the court found that it could not exercise jurisdiction under Article 199 as the petitioner did not establish any jurisdictional defects in the orders or exceptional circumstances. As no appeal was provided and revision was already exercised, no other remedy was available, so invoking constitutional jurisdiction would circumvent legislative intent. Therefore, the writ petition was dismissed.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    30 views4 pages

    Order Sheet in The Lahore High Court Lahore Judicial Department

    Uploaded by

    Nemat Ullah
    The document is an order sheet from the Lahore High Court regarding writ petition W.P. No. 57828 of 2019 filed by Khalid Sikandar against the Additional District Judge, Kamalia. The petitioner challenged orders dismissing his revision petition and application for appointment of a local commission. However, the court found that it could not exercise jurisdiction under Article 199 as the petitioner did not establish any jurisdictional defects in the orders or exceptional circumstances. As no appeal was provided and revision was already exercised, no other remedy was available, so invoking constitutional jurisdiction would circumvent legislative intent. Therefore, the writ petition was dismissed.

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    of 4

    FORM No.

    HCJD/C-121

    ORDER SHEET

    IN THE LAHORE HIGH COURT LAHORE


    JUDICIAL DEPARTMENT
    W.P.No.57828 of 2019
    Khalid Sikandar
    Versus
    Additional District Judge, Kamalia etc.

    S.No.of Date of Order with signature of Judge, and that of Parties of


    order/ order/ counsel, where necessary.
    Proceeding Proceeding

    04.10.2019 Mr. Zahid Mehmood Chaudhary, Advocate for the


    petitioner.

    Through this writ petition petitioner has

    challenged the judgment dated 05.07.2019 passed

    by learned Additional District Judge, Kamalia

    whereby revision petition filed by the petitioner was

    dismissed and the order of learned trial court dated

    14.11.2018 whereby an application moved by the

    petitioner for appointment of Local Commission in a

    suit filed by the petitioner for permanent injunction

    was dismissed.

    2. At the very outset learned counsel for the

    petitioner was confronted with the position that how

    the orders passed by both the learned courts below

    are without jurisdiction as through this writ petition

    the petitioner has invoked the jurisdiction vested in

    this Court under Article 199 of the Constitution of

    Islamic Republic of Pakistan, 1973. Learned counsel


    W.P.No.57828-2019 2

    though argued the matter but was unable to respond

    the query of this Court. Learned counsel has relied

    upon “Muhammad Yousaf alias Bala versus Khuda

    Dad and 11 others” (2004 MLD 1107),

    “Muhammad Aslam versus Baldia Noor Pur Thal

    through Administrator and another” (2004 YLR

    803) and “Syed Abu-ul-Fazal versus Mehmood and

    another” (1989 CLC 2357).

    3. I have gone through the case law cited by

    learned counsel and consulted the record appended

    with this writ petition.

    4. The basic question is that this Court can

    exercise the jurisdiction vested in it under Article

    199 of the Constitution of Islamic Republic of

    Pakistan, 1973 in some appropriate and exceptional

    circumstances when a case is made out that the

    forums/courts below have exercised the jurisdiction

    not vested in them by law or failed to exercise the

    jurisdiction. Case of such nature has not been made

    out.

    5. When maintainability of Writ Petition is

    questioned, it is often heard in response from the

    learned counsel that Sir, when no other remedy is

    available, therefore, petitioner has no option except

    to file writ petition. I am afraid it is not the proper

    response. I am clear in my mind that when


    W.P.No.57828-2019 3

    legislature has not given right of appeal or revision

    against the orders impugned through the writ

    petition, exercise of jurisdiction of this Court under

    Article 199 of the Constitution of Islamic Republic

    of Pakistan, 1973 as an appellate jurisdiction will be

    to circumvent the intention of the legislature. When

    against an order where application for appointment

    of Local Commission is decided, no appeal is

    provided and revisional jurisdiction has already

    been exercised, no other remedy under the law is

    available and the thought that remedy of

    constitutional jurisdiction is synonymous to appeal,

    review or revisional jurisdiction is a misconception.

    6. For invoking constitutional jurisdiction of

    this Court under Article 199 of the Constitution of

    Islamic Republic of Pakistan, 1973, the petitioner

    was bound to show some jurisdictional defect

    committed by the Courts below while deciding the

    matter in issue through the impugned orders but the

    learned counsel could not point out either any

    jurisdictional defect, perversity in the orders passed

    by the courts below or establish any exceptional

    circumstances for exercising constitutional

    jurisdiction. The case law referred to by learned

    counsel for the petitioner is not applicable to the

    facts of this case. I have no reason to disagree with


    W.P.No.57828-2019 4

    the learned two courts below. Resultantly this writ

    petition having no force stands dismissed in limine.

    (AMIN-UD-DIN KHAN)
    JUDGE
    Mazhar*

    APPROVED FOR REPORTING.

    JUDGE

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