MUSARRAT HILALI, J. The petitioner through the instant petition under Article 199 of the Islamic Republic of Pakistan, 1973, seeks the following relief:- "It is, therefore, most humbly prayed that on acceptance of this writ petition, declare the acts and actions of the respondents No. 1 and 2 whereby the impugned notice for vacation of residential accommodations of quarter No. 24-C, C.Q Kohat road Peshawar dated 25.02.2022 as illegal, unlawful, against the spirit of the judgment rendered by the august supreme court and is liable to be set aside, accordingly the impugned notice dated 25.02.2022 issued by the respondent No.2 may kindly be cancelled/quashed and the possession of Quarter no. 24-C, civil quarter, Peshawar, may graciously be ordered to be retained with the petitioner."
2. Brief facts of the instant case are that the petitioner is a senior clerk in the office of Director General Livestock (respondent No.3). Earlier, he had filed writ petition No. 3778-P/2018 before this court for cancellation of notice dated 22.03.2018 issued to him regarding vacation of Quarter No.24- C by the Estate Office, Govt of Khyber Pakhtunkhwa, which was dismissed along with similar nature writ petitions through a consolidated judgment dated 13.09.2018. Aggrieved there against, the petitioner along with others having similar nature issue challenged the judgment of this court before the august supreme court. While deciding the matters, the august supreme court, vide judgment dated 27.02.2019, set aside the consolidated judgment of this court dated 02.05.2018 and 13.09.2018 as well as orders of the department and the matter was remanded to the Secretary, Administration, Government of KPK, with the directions to decide the cases after hearing all the concerned parties strictly in accordance with law and in terms of the observations made in the judgment. The Secretary Administration, Govt of KPK, in view of the judgment of the august supreme court, decided the cases, including the case of the petitioner, by declaring employees of the Directorate General livestock and Diary Development, Peshawar, ineligible for allotment/retention/enlistment etc from the pool of the Estate office, Administration Department, resultantly, the Estate Officer, Administration Department, Govt of KPK, issued notices dated 25.02.2022 to the petitioner and others for vacation of the residential accommodations which has now been again challenged before this court through the instant writ petition.
3. On 24.03.2022, the Secretary administration and the Estate Officer, Govt of KPK, were directed to file their comments with added direction to maintain status quo. Today, when the matter came up for hearing before this court, at the very outset, learned AAG contended that the order of cancellation was passed by the Estate Officer under sub-section (2) of section 7 of the Khyber Pakhtunkhwa Provincial Building(Management, Control and Allotment) Act, 2018 "the Act, 2018", and the petitioner was required to file an appeal before the appellate authority but he instead of approaching the appellate authority has directly approached this court, therefore, in presence of alternate remedy in the shape of appeal, this constitutional petition is not maintainable.
4. Arguments heard and record perused.
5. Under section 4 and 7 (2) of the Act, 2018, the Estate Officer is authorized to allot, cancel, extend and exchange any provincial building under the management and control of establishment and administration department or evict any person or public office holder from such building. If any Government department, office, or public office holder is aggrieved from order of the competent authority, they under section 10 of the Act, 2018, as well as Rule 35 of the Khyber Pakhtunkhwa Residential Accommodation at Peshawar (Procedure for Allotment) Rules, 2018, "the Rules 2018" shall have a right of appeal to be made to the appellate authority. The Relevant section 10 for ready reference is reproduced herein below;
10. Appeal.---(1) Any Government Department, office or public office holder, as the case may be, aggrieved from the orders of the competent authority shall have a right of appeal to be made to the Appellate Authority in the manner, as may be prescribed.
(2) A Government Department, office or public office holder, as the case may be, aggrieved from the decision or order of the Appellate Authority, may file an appeal to the second Appellate Authority consisting of Minister for Law, a nominee of the Chief Minister and such other members and in such manners, as may be prescribed.
(3) Appellate Authority shall not review its own decision.
6. Hon'ble the apex court in Para 5 of a Judgment dated 18.08.2022 passed in C.P No. 361-p/2018 titledGovt of Pakistan vs. Malik Safeer Ahmed has observed that if any person is aggrieved from any order made or proceedings taken by an authorized officer in respect of an official accommodation can avail the remedies provided by the relevant applicable rules, regulations, policies instructions directions etc for redressal of his/her grievance.
7. Under Article 199 of the Constitution, an aggrieved person can approach this court for the redressal of his/her grievance if there is no other adequate remedy provided. In the instant case, the petitioner has bypassed the remedy available to him under section 10(1) and (2) of the Act, 2018, read with Rules 35 of the Rules, 2018, and now it has been well settled that when the statute provides a special remedy to an aggrieved party like right of appeal then an implied bar arises.
8. Therefore, in view of the above discussion, this writ petition is deposed of terms of direction to the petitioner to approach the appellate authority as provided under the statute. 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.