' MUHAMMAD ALAM, J. Order/judgment dated 30-06-2015, of Mr. Ghulam Abbas Chopa, learned District Judge Astore, has been challenged through this petition. Learned first appellate court passed the following order:-
6. The learned Civil Judge adopted a complicated way, which is not required because the site selection report is not in question, therefore order dated 18-06-2015 is set aside and suit is decreed under Order XV, Rule 1 CPC for being contesting parties not at issue. Appeal is accepted.
File be consigned to record after due completion.
Announced 30-06-2015 sd/xxx (Ghulam Abbas Chopa) District Judge, Astore
2. Through my order dated 07-07-2015, I have suspended operation of the impugned order as well as order dated 18-06-2015 of Civil Judge Astore, as I had gone through the two orders and found them not proper. In my opinion, before registration of any suit or appeals etc. In the relevant Register, the Presiding Officer of the court concerned is legally A bound to go through the memo. Of appeal or contents of plaint to ascertain that whether the same is competent or otherwise, in the form in which the same is being presented. In the case in hand, the learned two IA courts below miserably failed to go through the pleadings of the parties.
3. The respondents No.1 and 2/plaintiffs filed a suit (C.Suit No.05/2015), seeking permanent injunction against construction of Girls School in village Jiling Astore because the initial site selection for construction of building of said school is in the village Shalter, village of petitioners/plaintiffs. On 18-06-2015, learned trial court of Civil Judge First Class Astore passed the following order:- "As the villages shatter & Jiling are small villages consisting of 30 households therefore, it seems pertinent to construct the girls Primary school at the centre point of the three small villages shalter bala, Paine and Jiling. Therefore, Mr. Inamullah SDO PWD is appointed as site engineer to select the site for construction of the said Girls Primary School keeping on view the following facts. The School should locate at the center of three villages shelter Bala, Shelter Paine & Jiling.
2. Secondly this school should be safe from land sliding, erosion, floods and other natural clamities.
The said engineer Inamullah is directed to submit his site selection report till 23/06/2015 an amount of 10,000/= rupees profession fee is fixed for the said site engineer and is payable by both the parties equally."
Announced 18/06/2015 sd/xxx Civil Judge 1st Class Astore
4. I have heard learned counsel for parties and have gone through the relevant record. The case in hand is very interesting because of its peculiar circumstances and because of the way and mode in which the learned first appellate court as well as the learned trial court disposed of the suit (C.Suit No.05/2015) and the appeal (C.F.A. No.25/2015). The learned two courts below have passed two different orders. Through order dated 18-06-2015, the learned trial court appointed an engineer for site selection of the building of suit school and on appeal, the learned first appellate court, instead of passing any order on the merits or otherwise of order of learned trial court, passed a quite different order. Very interestingly, the learned first appellate court justified his order on the sole ground that contesting parties to the case are not at issue.
5. I am taking the propriety or otherwise of impugned order as well as the order dated 18-06-2015 trial court for discussion. In my opinion, in the case in hand, the contesting party is the Government for GilgitBaltistan and not the residents of Shalter or residents of Jiling. In this connection, the pleadings of the parties are clear that the respondent No.3, who is Government for Gilgit-Baltistan, is implementing a scheme of construction of a school building in either of the two villages, Shalter or Jiling. The people of the two villages are disputing the said construction and have filed the suit in hand. So the question involved in the case is not a question of any civil right of either of the parties and is rather a scheme of the Government of Gilgit-Baltistan for construction of a school building in either of the two villages, Jiling or Shalter. In my opinion, it is sweet discretion of the respondent No.3 for constructing the school building in either of the two villages or even anywhere else. Civil Court, i.e., the trial court in the case in hand and the court of District Judge, i.e., the first appellate court in the case in hand, have no powers, whatsoever to interfere in the working of the respondent No.3.
Civil Courts are not the forums to oversee the construction works of the government buildings nor have any power to select the sites for such buildings. Therefore, I am of the opinion that the learned trial court has very wrongly appointed a commission for site selection of the suit building and then the learned first appellate court went more ahead by decreeing the suit baselessly. The learned first appellate court has very wrongly written that parties are not at issue. I have perused written statement dated 25-04-2015 filed by respondent No.3, wherein, the said respondent has fully contested the suit. Moreover, courts are bound to pass legal orders according to the occasions and circumstances of each and every case, where contesting parties are not at issue.
6. In the sequel of above discussion, I hold that the suit in hand is incompetent and through construction of the suit building, respondent No.3, who is contesting respondent, has not infringed and is not infringing any civil right of petitioners or respondent No.1, therefore, both the orders of the learned trial court as well as the impugned order are result of material irregularities on the part of the two courts below, therefore, are set aside. Result is that suit of plaintiff (C.Suit No.05/2015) stands dismissed. Petitioners and respondents No.1 and 2 to bear costs. This file be consigned to record.