Pakistan Case Law
2003 CLC 837

MUHAMMAD JALAT KHAN vs FAISAL HAYAT KHAN and 4 others

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Citation2003 CLC 837
CourtPeshawar High Court
Case No.Writ Petition No,84 of 2001
Date2002-04-16
Judge(s)Abdur Rauf Khan Lughmani
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

The petitioner filed a constitutional petition under Article 199 of the Constitution of the Islamic Republic of Pakistan challenging an order passed by the Additional Commissioner before the High Court, despite having already filed a pending appeal before the Senior Member, Board of Revenue under section 161 of the West Pakistan Land Revenue Act 1967. The core legal question was whether constitutional jurisdiction can be invoked while an adequate alternative statutory remedy through a pending departmental appeal is already being pursued. The Peshawar High Court dismissed the petition in limine, holding that the High Court's constitutional jurisdiction will not be exercised where an adequate remedy by way of appeal is available and a full-fledged statutory hierarchy is already seized of the matter. The key principle laid down is that a party cannot bypass the highest statutory forum in the revenue hierarchy by invoking writ jurisdiction while their appeal is still pending.

Questions settled in this judgment
  • Can a constitutional petition under Article 199 be maintained when an appeal against the same order is already pending before the highest revenue forum?
  • Will the High Court exercise its constitutional jurisdiction when an adequate statutory remedy is available under the West Pakistan Land Revenue Act 1967?
  • Is it permissible to bypass the hierarchy of the Board of Revenue by approaching the High Court before a final order is passed in the departmental appeal?
Laws & provisions referred
  • Section 161, West Pakistan Land Revenue Act 1967
  • Article 199, Constitution of the Islamic Republic of Pakistan 1973
constitutional petitionalternative remedyrevenue hierarchywrit jurisdictionpendency of appealland revenue

' The petitioner who has already impugned order dated 30-11-2000 of the learned Additional Commissioner, D.I. Khan before the Senior Member, Board of Revenue, N.-W.F.P., Peshawar by filing an appeal under section 161 of the West Pakistan Land Revenue Act (XVII of 1967) seeks to impugn the same order by filing the instant Constitutional petition under Article 199 of the Constitution of the Islamic Republic of Pakistan by alleging the amenability of the Member to the influence of Ministers.

2. Despite lengthy arguments, the learned counsel for the petitioner could not advance any justification for bypassing the highest forum in the Revenue hierarchy which is seized of the matter and has not passed any final order so far, particularly when resort to the Constitutional jurisdiction of this Court can be had even after the decision of his appeal by the Member, in case it is adverse and unfavorable to the petitioner.

3. Apart from this, this Court being a Court of Constitutional jurisdiction does not step in where an adequate remedy to aggrieved persons is available by way of appeal and a full-fledged machinery for the redressed of their grievances is provided by the Act referred to above.

' For the reason discussed above, this petition being without merit is dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

Cited by 6 cases

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