Law:

Section:

Constitution of Pakistan--- ---Art. 199---Constitutional jurisdiction, invocation of---Allotment of land---Factual controversy---Aggrieved person---Scope---Contention of petitioner was that allotment of land in favour of respondent was illegal, mala fide and unlawful---Validity---Factual controversy existed between the parties which could not be decided by the High Court while exercising constitutional jurisdiction---Petitioner had neither any locus standi nor legal character to file the present constitutional petition---Petitioner was not aggrieved person to invoke the constitutional jurisdictional of High Court and no resolution had been passed by the department authorizing him to file the said petition---Constitutional petition was dismissed in circumstances. THIS ORDER PASSED BY: SHAHNAWAZ TARIQ, J.--- Through instant petition, the petitioner Wahid Bux has sought following relief(s):-- (a) To declare that the act of respondent No.1 issuing letter No.KB-1/20/SO-II 314/11 dated 28-9-2011 to respondent No.2 allotting the land admeasuring 23-13 out of 94-04 acres of S.No.104 deh Bohra Rayati Taluka Latifabad Hyderabad to respondent No.5 is illegal, mala fide and unlawful and the same portion of land may be cancelled. (b) That the respondent No.5 may be restrained, not to disturb the peaceful possession of the petitioner, till the disposal of the petition. 2. Learned Additional Advocate-General Sindh files statement along with comments of respondent No.4 and filed photocopy of Form-A, Notification dated 25-2-2006 and summary of Chief Minister Sindh, dated 30-10-2012, which are taken on record and a copy thereof supplied to the learned counsel for the petitioner. 3. On 4-9-2012, when respondent No.5 filed para wise comments, it was observed by this Court that prima facie the resolution of this petition will require consideration and determination of several points of factual controversy which cannot be done in constitutional jurisdiction and the learned counsel for the petitioner was directed to satisfy the court on the next date that this matter can be resolved without undertaking factual inquiry which necessitated consideration of factual controversy.…

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