2022 Y L R 169
[Lahore]
WAQAR SHAUKAT---Versus DEPUTY COMMISSIONER, DISTRICT FAISALABAD and 3 others
(a) Punjab Land Revenue Act (XVII of 1967)---
----S. 30--- Power of Revenue Officers to enter upon any lands or premises for purpose of measurements, etc.---Pendency of civil suit---Scope---Petitioner sought direction to the Revenue Officer not to demarcate the land, subject matter of the suit filed by him before the Civil Court---Contention of petitioner was that since status quo order was already in field, the steps being taken by Revenue Officer for demarcation of the property were illegal and that he had filed an application before the Revenue Officer requesting him not to demarcate the property in dispute till decision of the suit but the Revenue Officer was bent upon to demarcate the property against the law---Validity---Stay order granted in the suit filed by the petitioner was still in field and if there was any violation thereof, the petitioner had the remedy to move before the Trial Court---As per report of the Local Commission both the parties had encroached upon the land belonging to the Development Authority---Although the report of Local Commission was not binding upon the court, the parties were free to raise objection there against, and if there was anything irregular or illegal about the report, the same could easily be unearthed during the course of cross-examination---Adequate alternate remedy being available, the Constitutional petition was not maintainable---Constitutional petition was also not maintainable because it did not agitate the acknowledged grounds of judicial review i.e. illegality, irrationality, procedural impropriety or proportionality--
(b) Constitution of Pakistan---
----Art. 199---Constitutional jurisdiction---Alternate remedy---Scope---Resort and recourse to writ jurisdiction can only be made if there is no other adequate remedy available to the petitioner.
(c) Civil Procedure Code (V of 1908)---
----O. XXVI, R. 10---Procedure of Local Commission---Report and depositions to be evidence in suit---Local Commission may be examined in person---Scope---Rule 10 of O.XXVI, C.P.C. provides that the report of Local Commission and evidence taken by him shall form part of the record in a suit and any of the parties to the suit may examine the Local Commission personally in open court touching any of the matters referred to him or mentioned in his report with the permission of the court.
(d) Constitution of Pakistan---
----Art. 199---Constitutional jurisdiction---Discretionary--- Scope--- Constitutional jurisdiction is equitable and discretionary in nature and cannot be invoked to defeat the provisions of validly enacted statutory provision.
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