Constitutional Petition No.D-2336 of 2018
Date Order with Signature of the Judge
For orders as to maintainability of petition.
13th April, 2018.
Ms. Rukhsana Umar, Advocate for petitioner.
Mr. Pervez Akhtar, State Counsel.
DSP Naeem Khan SDPO North Nazimabad, Karachi.
SIP Muhammad Safdar, Police Station Hyderi Market, Karachi.
>>>>> <<<<
Aftab Ahmed Gorar, J.:- Comments filed by respondents 3, 4 and 8 are taken on the record. Perusal of memo of petition reveals that petitioners have prayed for regularization of stalls at Hyderi Market, Karachi and also sought protection of their stalls from the hands of respondents 6 to 8.
2. Learned State Counsel submits that respondents 6 to 8 are acting in accordance with law and instant petition is not maintainable as the petitioners under the garb of instant petition intend to encroach upon the government land.
3. Admittedly, the petitioners through this petition are seeking regularization of their stalls, which cannot be looked into or considered by this Court in exercise of its jurisdiction under Article 199 of the Constitution. Invoking of Constitutional jurisdiction of the High Court instead of availing of remedy provided for under the relevant law would only be justified when the impugned order/action was palpably without jurisdiction as to force an aggrieved person in such a case to approach the forum provided under the relevant statute may not be just and proper. The extraordinary constitutional jurisdiction of this Court under Article 199 of the Constitution is equitable and discretionary and is to be exercised only where substantial rights of a party have been invaded in flagrant violation of law and which can be established without any comprehensive inquiry into the facts.
4. In this view of the matter, we constrained to hold that this petition arising out of factual controversy and for want of jurisdiction cannot be entertained by this Court, hence the same is dismissed as such.
J U D G E
*Aamir/PS* J U D G E