' SARDAR MUHAMMAD RAZA KHAN, J.---The petitioners possessed a shop, detailed in the heading and situated in the premises of General Bus Stand, Peshawar, where they used to run their business. The premises falling within the limits of Municipal Corporation, Peshawar, the petitioner/petitioners were ousted therefrom by the Administrator and the structure was razed to the ground.
2. Such action of the Administrator is challenged through the instant petition under Article 199 of the Constitution. The allegations are threefold in nature. Firstly, that the petitioner was a lawful tenant of the Municipal Corporation and was unlawfully ejected. Secondly, that the Administrator appointed under section 159(5) of Local Government Ordinance had no authority to even occupy the post, much lesstaking impugned action against the petitioner, being utterly without jurisdiction.
Thirdly, that the action taken was without notice, coupled with such surprize that the tenant was not even allowed to remove his belongings which also were destroyed in action.
3. After hearing learned counsel at length, we are of the view that for the wrong in question, the remedy does not lie under Article 199 of the Constitution. Such authority can be invoked only when no other adequate remedy is provided by law; whereas, in the instant case, complete remedy is available to the petitioner by either knocking at the door of the Civil Court or by challenging the action before the Tribunal constituted under N.-W.F.P. Act V of 1977; section 13 whereof excludes the jurisdiction of any other forum. Admittedly, the relationship of landlord and tenant is claimed to be existing between the parties and, thus, the action of the respondents is violative of contractual liability.
4. With the remarks that the petitioner should resort to the forum of competent jurisdiction who has all the authority to adjudicate upon all the allegations made, the instant writ petition is hereby dismissed alongwith C.M. No,511 of 1999 in limine.