' KAZIM ALI MALIK, J.---Mst. Razia Begum and others filed a suit for permanent injunction against Waheed Ahmad, defendant-petitioner herein and others before the Civil Court, Rawalpindi restraining the defendants from raising construction over the disputed property. Along with the main suit, an application for temporary injunction to the above-effect had also been made. The learned trial/Civil Judge entertained the said suit and restrained the defendants from raising illegal construction over the disputed property without getting approved the site plan. On 28-8-2004 the plaintiff of the suit made an application for contempt of Court against the defendant with an allegation that he continued raising construction over the disputed property in utter disregard of the stay order by the Civil Court. The defendant denied the allegation. In order to ascertain the correct position existing on the ground the learned trial/Civil Judge appointed local commission, who visited the spot and submitted his report before the learned Civil Judge.
2. On 31-8-2004 the plaintiff of the civil suit made an application before the Tehsildar, Murree against Waheed Ahmad, defendant and nine others including five ladies for initiating proceedings of contempt of Court with the assertion that they had violated the status quo order issued by the Civil Court. The Tehsildar took cognizance of the contempt petition and deputed his Naib Qasid, Ashiq Hussain as Bailiff of the Court with a direction to stop the construction by the defendants of the civil suit with the assistance of police. In compliance with the order of the Tehsildar, the Naib Qasid while assuming the role of Bailiff reached the spot and asked the opposite party not to raise construction. The Naib Qasid submitted his report to the Tehsildar that the ladies of the family of Waheed Ahmad-defendant had refused to obey the order and had also extended threats. The Tehsildar forwarded report of his Naib Qasid to the S.H.O. Of Police Station Murree for registration of a case. The police complied with the direction of the Tehsildar and registered a case vide F.I.R.
No,443 dated 2-9-2004 under sections 186/506/147/149, P.P.C. Mst. Maryam Waheed and her husband Waheed Ahmad, petitioners have filed this petition under Article 199 of the Constitution of Islamic. Republic of Pakistan, 1973 read with section 561-A, Cr.P.C. For quashment of the said F.I.R.
3. My learned brother Abdul Shakoor Piracha, J. Suspended operation of the impugned F.I.R. Vide order dated 10-9-2004 and for this reason no investigation whatsoever could be conducted in the case, which is still at the initial stage.
4. The plaintiff of the civil suit filed a contempt petition before the Civil Court on 28-8-2004 with an allegation that the stay order had been violated. I have already observed that the learned trial Court took cognizance of the contempt petition and appointed local commission in order to ascertain correct position at the site. It is not understandable as to what were the circumstances, which persuaded the plaintiff to file another contempt petition before the Tehsildar, Murree during pendency of the contempt petition before the Civil Court. The learned Law Officer could not show day provision of law, which may empower and authorize the Tehsildar to take cognizance of a contempt petition pertaining to the Civil Court. The Tehsildar not only assumed the role of Civil Court but also deputed and appointed his Naib Qasid as Bailiff of the Court. The learned Law Officer frankly and rightly conceded that the Tehsildar encroached upon the functions and powers of the Civil Court and that he did not remain within the sphere allotted to him by law. The so-called Bailiff of the Court reached the spot under the order of the Tehsildar, to implement the order of the Civil Court. The defendants of the civil suit were well within their right to disobey the direction of the Naib Qasid of the Tehsildar, who claimed to be a Bailiff despite the fact that he did not hold the position of Bailiff. The Tehsildar, Murree involved himself in the dispute unnecessarily. He was not competent to take cognizance of the Contempt of Civil Court. I, therefore, feel no hesitation to hold that all the orders passed and proceedings conducted by the Tehsildar, Murree must be ignored being nullity in the eyes of law. The order of the Tehsildar is null and void ab initio and without jurisdiction. It appears that the Tehsildar either did not have adequate knowledge of law or he carelessly assumed the jurisdiction of the Civil Court. Be that as it may, the fact remains that the order passed and proceedings conducted by the Tehsildar in a case pending before the learned civil Court could not be justified.
5. The petitioner against whom the controversy touching landed property had already been laid before the Civil Court for adjudication were dragged in criminal litigation unnecessarily under the illegal order of the Tehsildar. This is a fit case for exercise of Constitutional as well as inherent jurisdiction of this Court so that the Government functionaries may not feel encouraged in passing order without jurisdiction. This petition is, therefore, accepted and the impugned F.I.R. Is hereby quashed.