Law: SBP Banking Services Corporation Ordinance, 2001

Section: 3(i)(e)

Law: Constitution of Pakistan, 1973

Section: 199

(a) Scheme for the Management and Disposal of Urban Evacuee Trust Properties, 1977--- ----R.3(i)(e)---Constitution of Pakistan, Art.199---Constitutional petition---Violation of relevant laws and rules---Due process by proper forum---Validity admittedly violated Rule 3(i)(e) of Scheme for the Scheme for the Management and Disposal of Urban Evacuee Trust Properties, 1977 (the Rules) by changing of status of the property from residential to the commercial without permission of the concerned authorities---Eviction notice was issued strictly in accordance with law after due process before Assistant Administrator and Zonal Administrator of Evacuee Trust Property Department and Senior Joint Secretary to the Government of Pakistan, Ministry of Religious Affairs---Present Constitutional petition had been filed by misrepresentation and by concealment of unsuccessful proceeding before Civil Court/District Court---Constitutional petition was dismissed being meritless. (b) Constitution of Pakistan--- ----Art.199---Certiorari, writ of---Supervisory jurisdiction---Scope---Writ of Certiorari was only available to quash a decision for an error of law; it would also be issued for correcting errors of jurisdiction when an inferior Court or a tribunal acted without jurisdiction or in excess of its jurisdiction, or failed to exercise its jurisdiction or where the Court or a tribunal acted illegally in exercise of its undoubted jurisdiction and it decided a matter in violation of the principle of natural justice---High Court issuing writ of certiorari would act in exercise of supervisory and not appellate jurisdiction---High Court in exercise of its Constitutional jurisdiction would not review the findings of fact reached by the inferior Court or a tribunal. Owais Shams Durrani and others v. Vice-Chancellor, Bacha Khan University, Charsadda and another 2020 SCMR 1041; Amjad Khan v. Muhammad Irshad (Deceased) through LRs 2020 SCMR 2155 and 7 other cases rel. (c) Constitution of Pakistan---- ----Art.199---Constitutional petition---Certiorari, writ of and appeal---Distinction---Scope---Common practice by the counsel to argue the petitions seeking issuance of writ of certiorari as if he…

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