Law: Constitution of Pakistan, 1973

Section: 199

(a) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Lease, extension of---Contractual obligation---Scope---Mala fide---Effect---Discretionary relief---Policy framed by department, annulment of---Scope---Petitioner was directed to hand-over the possession of land leased out to him after expiry of lease period---Contention of petitioner was that he was entitled for another period of lease and impugned letter was based on mala fide---Validity---Petitioner should have demonstrated that there existed clear and undisputed right or interest in his favour to be recognized and respected to seek enforcement of corresponding obligations through a writ of mandamus---Relief sought by the petitioner could only be granted in a suit for specific performance of contract---Contractual obligations or disputes were not open to scrutiny under constitutional jurisdiction which could be redressed through other remedy available under the law---Respondent-department had formulated a policy that land should not be leased out for a period of more than 03 years and no further extension beyond 10 years would be granted in case of already leased land---Impugned letter had been issued in pursuance to the policy formulated by the competent authority and same had been made applicable throughout the country---Mala fide was a question of fact and same had to be specific and not vague in absence of which policy framed by the competent authority could not be annulled---Respondent-department had received a higher bid for the lease of land against the amount being paid by the petitioner---Discretionary relief could not be granted to help retention of ill-gotten gain even where the impugned action had been taken in deviation of certain recognized norms and procedures---High Court in absence of any illegality, arbitrariness or mala fide would not annull the policy framed by the competent authority---Constitutional petition was dis-missed in circumstances. Mahmood Ali Butt v. Inspector-General of Police, Punjab, Lahore and 10 others PLD 1997 SC 823 and Brig. Muhammad Bashir v. Abdul Karim and others PLD 2004 SC 271 ref. Messrs Airport Support Services v. The Airport Manager,…

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