| Citation(s) |
|---|
| 2020 SLG 2063 2020 SLD 2063 2020 CLC 1942 |
Balochistan High Court
Constitution Petition No. 435 of 2020, decision Dated: 09-06-2020, hearing Date : 08-06-2020
ROZI KHAN BARRECH, JUSTICE
Habib-ur-Rehman for Petitioner.
Constitution Petition No. 435 of 2020, decision Dated: 09-06-2020, hearing Date : 08-06-2020
ROZI KHAN BARRECH, JUSTICE
Habib-ur-Rehman for Petitioner.
ABDUL QADEER
VS
GOVERNMENT OF BALOCHISTAN THROUGH SECRETARY PUBLIC HEALTH ENGINEERING AND 2 OTHERS
Law: Constitution of Pakistan, 1973
Section: 199
Constitution of Pakistan--- ----Art.199---Constitutional jurisdiction of High Court---"Aggrieved person"---Personal right---Locus standi---Public procurement---Scope sought cancellation of tender for installation of water-supply on lands allegedly belonging to petitioner and his forefathers---Validity was neither owner of said land nor his name was mentioned in mutation entries and he had no concern with the same; and therefore he did not fall within definition of "aggrieved person" in context of Art.199 of Constitution---Sine qua non for initiation of proceedings under Art. 199 of Constitution was that petitioner should have locus standi---Constitutional petition being not maintainable, was dismissed, in circumstances. N.W.F.P. Public Service Commission and others v. Muhammad Arif and others 2011 SCMR 848 rel. JUDGMENT ROZI KHAN RARRECH, JUSTICE:---.---- The instant constitution petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 ("Constitution") carries the following prayer clause:- "It is accordingly respectfully prayed that this Hon'ble court to declare the void Notice inviting tender dated 4.05.2020 which is illegal, unlawful against the norms of justice and want to lose the petitioner as well as the people of the area the same may be cancelled, and the official respondent be directed to acquire the said land according to land Acquisition Act with any other relief and cost of the petition throughout, in the interest of justice.". 2. Brief facts of the case are that the petitioner being a farmer is having agricultural land in different areas of Mauza Bazger Taref and at Tehsil Dalbandin District Chaghi. The District Forest Officer entered into agreement dated 04.03.2020 for a period of five years with the petitioner's tribe acquiring two hundred acres of land belonging to petitioner's tribe. Due to shortage of drinking water in Dalbandin city, the provincial government in order to provide the said facility to Dalbandin city approved funds for water supply scheme in the annual budget 2019-20 which was also included in the PSDP for 2019-20. The recently it came to petitioner's knowledge that the official respondents…
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