| Citation(s) |
|---|
| 2001 SLG 2406 2001 SLD 2406 2001 CLC 643 |
Lahore High Court
Writ Petition No. 182/R of 1983, decision dated: 22-11-2000
GHULAM MAHMOOD QURESHI, J
Muhammad Hanif Rana for Petitioner. Ch. Amir Hussain and Shahzad Shaukat for
Respondents
Writ Petition No. 182/R of 1983, decision dated: 22-11-2000
GHULAM MAHMOOD QURESHI, J
Muhammad Hanif Rana for Petitioner. Ch. Amir Hussain and Shahzad Shaukat for
Respondents
PROVINCE OF PUNJAB, SETTLEMENT AND, REHABILITATION WING
VS
MOMNA KHATOON and 14 others
Law:
Section:
Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Maintainability---High Court on a Constitutional petition, filed earlier, stayed the proceedings and petitioner (Provincial Government) aggrieved by such order of the High Court filed another Constitutional petition which was supported by affidavit of Deputy Settlement Commissioner---Maintainability of petition---If Deputy Settlement Commissioner was aggrieved by the order passed by High Court with regard to stay of proceedings, remedy provided under law was to file an application for vacation of stay order---Even otherwise Deputy Commissioner was the Competent Authority to act on behalf of the Province and the Deputy Settlement Commissioner/Notified Officer in his capacity could not be said to be an aggrieved person in relation to judicial order regarding affairs of Provincial Government---Constitutional petition filed without any valid authority, therefore, was not maintainable---Deputy Settlement Commissioner could not bind and use name of the Province of Punjab and institute litigation on its behalf. Manthar and another v. Province of Sindh through Deputy commissioner, Sangnar and 4 others 1996 MLD 1510 ref. JUDGMENT This writ petition has been filed by Province of Punjab (Settlement and Rehabilitation Wing 11-Egerton Road, Lahore) which is supported by an-~ affidavit of Muhammad Azim, Deputy Settlement Commissioner, In paia. 20 of the writ petition it is mentioned as under:-- "The petitioner is aggrieved by the order passed by this Honourable Court in Writ Petition No.55/R of 1983 which has stopped further proceedings." 2. On 8-2-1996, objection was raised about the maintainability of this Constitutional petition which was to the effect "that it is not shown as to under whose authority this petition has been filed. The original counsel Ch. Muhammad Nazir Ahmad, Advocate, derives his authority from…
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