Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Right, creation of---Scope---Petitioners were aggrieved of orders passed by Board of Revenue whereby an order in favour of petitioner was declared as non-existent, having no value in the eyes of law---Validity---Rights claimed by petitioners were not in existence and by filing a petition under Art. 199 of the Constitution no rights could be created in favour of petitioners---Any person while invoking Constitutional jurisdiction of High Court was required to show that forum below had exercised jurisdiction not vested in it by law or there was some jurisdictional defect---High Court declined to interfere in the matter as order in question was passed in accordance with law and same could not be declared to be without jurisdiction---Constitutional petition was dismissed in circumstances. Muhammad Ramzan and others v. Member (Rev.)/CSS and others 1997 SCMR 1635 Member, Board of Revenue, Punjab, Lahore v. Rafaqat Ali 1998 SCMR 2596; American International School System v. Mian Muhammad Ramzan and others 2015 SCMR 1449 and Member (Judicial-V), Board of Revenue/Chief Settlement Commissioner, Punjab and 2 others v. Sagheer Muhammad Khan and others C.P. No.709-L of 2009 ref. THIS ORDER PASSED BY: AMIN-UD-DIN KHAN, J.--- Through this writ petition following prayer has been made:-- "It is therefore, most respectfully prayed that intant writ petition may please be accepted and impugned order dated 26.09.2018 passed by respondent No. 5 to the extent of remarks/observations mentioned in para No. 8 of the writ petition may please be declared illegal, unlawful, void ab-initio and the same may please be expunged/set aside. It is further prayed that pending adjudication of above titled writ petition, the operation of the impugned order dated 26.09.2018 may please be suspended/stayed in the meanwhile." 2. I have heard preliminary arguments advanced by learned counsel for the petitioners. 3. Argues that there was an order in favour of the petitioners passed by the Member (Judicial-I)/ Settlement Commissioner, Board of Revenue, Punjab in Settlement Case No. 247 of 2004 titled "Hafiz Muhammad Saleem and others v.…

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