Arbab Muhammad Tahir, J.- The petitioner, through the instant constitutional petition, has sought the following prayer.- "It is therefore, respectfully prayed that the instant Writ Petition of the petitioner may very graciously be accepted and the directions to the respondents No.1&2 may very graciously be passed directing to get vacated the Family suit from respondent No. 3 who is illegal occupant and hand over the peaceful possession of the family suit No. 02 FJH Islamabad and also restrained the respondents from cancelling the family suit No. 2 from the name of the petitioner and the complaint dated 18.05.2023 of the petitioner against respondent No. 3 be decided.
An order in the nature of Prohibition may also be passed restraining the respondents from further allotting the family suite to somebody else."
2. Heard. Record perused.
3. Perusal of the record shows that Suit No.2/FJH has been allotted to the petitioner by the Ministry of Housing and Works vide letter, dated 04.05.2023. The said accommodation was earlier allotted to one Ms Razia Sultana, Director Research (National Assembly). The petitioner is serving as Deputy Director in the Ministry of Foreign Affairs. Both the present and previous allottees are Government servants and subject to the laws of discipline governing their respective service. Furthermore, the provisions of the Federal Government Lands and Buildings (Recovery of Possession) Ordinance, 1965 are attracted. For the sake of convenience, section 5 of the Ordinance ibid is reproduced below.- "5. Eviction of unauthorized occupants. (1) If the [Federal Government] is satisfied after making such enquiry as it thinks fit that a person is an unauthorized occupant of any land or building, it may, [after giving such person an opportunity of being heard,] by order in writing, direct such person to vacate the land or building within the period specified in the order.
(2) If any person refuses or fails to vacate any land or building as directed by an order under subsection (1), any officer authorized in this behalf by the [Federal Government] may, notwithstanding anything contained in any other law for the time being in force, enter upon such land or building and recover possession of the same by evicting such person and may also demolish and remove the structures, if any, erected or built by that person."
4. Insofar as the prayer for issuing a writ to restrain the respondents from cancelling the allotment of the accommodation is concerned, it is noted that the allotment and cancellation of government accommodation is subject to the rules/regulations governing the subject and no direction can be passed perpetuating any act in derogation thereof. The exercise of jurisdiction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 is subject to the satisfaction of the Court that no alternate efficacious remedy is available to the petitioner. However, in the case in hand, the Ministry of Housing and Works is vested with statutory powers to deal with the grievances of the petitioner. The petitioner has annexed copy of complaint filed in the Ministry of Housing and Works against the allegedillegal occupant for the illegal occupation of the accommodation. The Ministry of Housing and Works is equipped with powers to proceed against any illegal occupant under the Federal Government Lands and Buildings (Recovery of Possession)
Ordinance, 1965. The Ministry can also conduct an inquiry into the alleged acts of respondent No.3 and forward its report to the employer i.e. the Ministry of Foreign Affairs for initiation of disciplinary proceedings in case of any alleged act of misconduct.
5. Keeping in view the above, this Court is satisfied that the alternate efficacious remedies are available to the petitioner, therefore, the petition at this stage is not competent and is, therefore, accordingly dismissed in limine.