Law:

Section:

Constitution of Pakistan--- ----Art. 199---Cons. P.---Maintainability---Factual controversy---Aggrieved person---Scope s contended that Auqaf property was being used for commercial purpose by raising construction which needed to be stopped /Department contended that the petitioners were land grabbers who had no locus standi to invoke constitutional jurisdiction---Validity---Record revealed that the petitioners did not claim themselves to be lessees or licensees of the subject Waqf property and they were only residents of the locality---Admittedly the property in question, where the subject development scheme was being carried out for the benefit of public-at-large including zaireens/visitors of Dargah with the approval of provincial Government under Annual Development Program, was waqf property s had no right or concern whatsoever with the said property and nothing had been brought on the record by the petitioners even to substantiate the allegations leveled by them in their petition, which even otherwise had been specifically denied by the respondents in the written statement seeking remedy under Art. 199 of the Constitution was obliged to establish that he had legal right over the subject property and such right was so clear that it left no room of doubt or any controversy---Matter involving disputed questions of fact could not be entertained and/or allowed to be agitated under constitutional jurisdiction, for, the exercise of extraordinary constitutional jurisdiction under Art. 199 of the Constitution was intended primarily for providing an expeditious remedy in a case where the illegality of the impugned action of an executive or other Authority was floating on the surface, which could be established without any elaborate enquiry into the questions involved in the matter---Present case, in the wake of divergent pleadings of the parties, involved factual controversy which could not be gone into under the Cons. P. and the same was not maintainable---Cons. P. was dismissed accordingly. Dr. Sher Afgan Khan Niazi v. Ali S. Habib and others 2011 SCMR 1813; N.W.F.P. Public Service Commission and others v. Muhammad Arif and others 2011 SCMR 848 and Ijaz Hussain…

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