Law: Constitution of Pakistan, 1973

Section: 185(3)

Constitution of Pakistan, 1973-- ----Art. 185(3)--Order of authority was never challenged before High Court--Right to challenge--Maintainability--An aggrieved party can file an appeal or a petition for leave to appeal, whichever is maintainable, before this Court under Article 185 of Constitution of Islamic Republic of Pakistan, 1973 was Respondent No. 4 before High Court--He never challenged order of Appellate Authority before High Court--If he was aggrieved by orders of Appellate Authority or Excise and Taxation Officer Islamabad he was required to challenge same before available forum or High Court in Constitutional jurisdiction and thereafter if his petition was dismissed by High Court he would have been entitled to challenge said order before this Court--It is a settled view of this Court that if any person is a formal party as respondent before High Court against whom no relief is claimed and Writ Petition before High Court is allowed even then said formal respondent has no right to challenge order of High Court before this Court if order does not prejudicially or adversely affects that person--Counsel was unable to satisfy us with regard to maintainability of this Petition--Order passed by High Court whereby Writ Petition filed by Respondent was dismissed and order of dismissal of Writ Petition was affirmed by this Court vide order passed in C.P. No. 1480 of 2017, this Petition filed by Petitioner who was a respondent before High Court is not maintainable--Petition dismissed.   [Pp. 78, 79 ,  80] A, B, C, D ,  E PLD 2009 SC 237 ref. ORDER Amin-ud-Din Khan, J.--Through this Petition filed under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973, leave has been sought to appeal against the order dated 27.02.2017 passed by the learned Single Judge of the Islamabad High Court whereby Writ Petition No. 531 of 2017 filed by Respondent Malik Muhammad Ashraf was dismissed. 2. Today the matter is fixed for hearing. The learned ASC representing the Petitioner, through the AOR, has sent a written request for adjournment on the basis of ground No. 2 mentioned in his application which is reproduced as under: “That the…

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