Law:

Section:

Constitution of Pakistan (1962)-Art. 98-Relief in writ jurisdiction being discretionary cannot be invoked to help retention of ill-gotten gains by a party even if because of any technical reason an order passed by a Tribunal below is not found strictly justifiable. Grant of relief in writ jurisdiction being entirely discretionary with the High Court, the Judge would have certainly acted in aid of justice in refusing any relief to the respondents on the facts of the case, even if because of any technical reason, the order of the tribunal below was not strictly found justifiable. It is well settled principle that the High Court's writ jurisdiction can be invoked in aid of justice and not to help retention of ill-cotton gains. JUDGMENT MUHAMMAD GUL, J.-This appeal by special leave is from the order of a Letters Patent Bench of the former High Court of West Pakistan, dated 1-3-1966, arming the judgment of a learned Single Judge of that High Court, by which he accepted a writ petition filed by the respondents herein and set aside the order of the Additional Settlement Commissioner dated 9-3-1961, restoring that of the Assistant Rehabilitation Commissioner dated 21-11-1958. One Khaira, a right-holder and predecessor-in-interest of the respondents herein, filed his claim for verification in respect of 85 bighas of land abandoned by him, Either owing to a mistake or by a manoeuvre which is not quite clear, claim was verified for 369 bighas, 15 biswas, equivalent produce index units, far in excess of his genuine entitlement. He was provisionally allotted land in Chak No. 435/EB, Tehsil Vehari, District Multan, on that basis. On a re-verification, his claim was subsequently reduced to 948 units which was further reduced to 691 units on account of change in the produce index units. One Abdul Aziz, who apparently claimed as "informer", the excess land allotted to Khaira, after his death in the meantime, filed a revision petition against his successors-in-interest, the respondents herein, before the Additional Rehabilitation Commissioner. This revision was disposed of by Mr. Muhammad Shafi Khan, by order dated 31-7-1957, which-for the material purpose reads "The learned D.…

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