2023 PLP 53 (YLR)
Mst. MIRAJ BIBI and 5 others — Petitioners Versus FEDERATION OF PAKISTAN through Attorney General of Pakistan and 3 others — Respondents
| Citation | 2023 PLP 53 (YLR) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | Mst. MIRAJ BIBI and 5 others — Petitioners Versus FEDERATION OF PAKISTAN through Attorney General of Pakistan and 3 others — Respondents |
| Primary Law | Constitution of Pakistan |
Q1: What are the key laws and sections cited in 2023 PLP 53 (YLR)?
This judgment primarily cites: Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2023 PLP 53 (YLR)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2023 PLP 53 (YLR) (Mst. MIRAJ BIBI and 5 others — Petitioners Versus FEDERATION OF PAKISTAN through Attorney General of Pakistan and 3 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Furqan Yousafzai for Petitioners.
- Qazi Babar Irshad, D.A.G for Respondents.
Headnotes / Summary
Art.199
Scope
Case of petitioners was that their predecessor was allotted 3 shops by the Cantonment Executive Officer wherein they had started business and were paying huge monthly rent but due to the construction of wall by the respondents the passage/entry towards the shops has been closed as a result the business activities carried out in the shops had affected
Petitioners might have a genuine grievance but on no count same could be resolved through a writ petition as not only alternate remedy was available to them for redressal of their grievance but the forum existed too
Constitutional petition was dismissed.
Judgment & Decree
LAL JAN KHATTAK, J.
Petitioners, through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, have prayed for the following reliefs:- "For the aforesaid reasons it is, therefore, humbly prayed that on acceptance of this writ petition, this Hon'ble court may graciously be pleased to: i. That constructed wall on Sahibzada Gul Road be demolished/ removed. ii. The respondents be directed for reduction of monthly rent of the petitioners which has been enhanced during emergency/ lockdown imposed for control of Pandemic of COVID-19. iii. In alternate the respondents be directed to pay back the paid amount of premium along with paid rent, paid by the predecessor of petitioners and petitioners to the respondents Nos.1 and 2 and thereafter tenancy rights of petitioners be cancelled. iv. Any other remedy which deems fit by this Hon'ble Court may also be granted in favour of petitioners."
2. It is the petitioners' case that their predecessor was allotted 3 shops at Sahibzada Gul Road, Peshawar by the respondent No.3 wherein they have started business and are paying huge monthly rent but due to the construction of wall by the respondents the passage/ entry towards the shops has been closed as a result the business activities carried out in the shops have been affected. They have also alleged that due to the construction of BRT Station, business in the shops too has been affected, which obstructions, according to them, are to be removed.
3. Arguments heard and record available gone through.
4. The petitioners may have a genuine grievance but on no count same could be resolved through a writ petition as not only alternate remedy is available to them for redressal of their grievance but the forum too exists.
5. For what has been discussed above, this petition, being bereft of any merit, is hereby dismissed along with the C.M. leaving the petitioners at liberty to approach the proper forum available to them under the law for the redessal of their grievance. SA/244/P Petition dismissed.