Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art.199---Constitutional petition---Maintainability---Scope---Auctions sought order restraining the authorities from auctioning the shops being occupied by them---Validitys were in occupation of the shops of Railway Department without any valid document legalizing their possession over the subject shopss had to establish that they had a legal right over the subject property and that such right was so clear that it left no room of doubt or any controversy---Exercise of extraordinary 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; moreover, the constitutional jurisdiction was undoubtedly discretionary and extraordinary in nature and it being equitable relief was available, even otherwise, to a party who came to court with clean handss who had no legal character or right over the subject shops, by filing the constitutional petition, had attempted to have some favourable order so as to thwart the auction proceedings and to perpetuate their unauthorized possession in the garb of that order by suppressing the real and material facts, which adversely reflected upon them---Constitutional petition, being not maintainable, was dismissed. JUDGMENT KHADIM HUSSAIN M. SHAIKH, J.---- Through this petition, petitioners, 1) Pardeep Kumar, 2) Kanwar Kumar Nihalani, 3) Sohail Ahmed, 4) Dileep Kumar, 5) Manohar Lal, 6) Bhajan l,al, 7) Pardeep Kumar Ahuja, 8) Anwar Hussain (since dead) through his L.Rs. Syed Sultan Husaain and others, 9) Lachhman Das, 10) Parmanand, 11) Mst. Safdari Masood, 12) Pardeep Kumar, (since dead) thorugh his L.Rs. Indera Bai and others, 13) Aneel Kumar, 14) Athar Ali Shaikh, 15) Balram Das, 16) Abdul Karim Rajpar, 17) Ajeet Kumar and 18) Moula . Bux have prayed as follows: a) That on the consideration of facts and grounds mentioned above, the respondents may be restrained from conducting Auction of 23 shops of Railway Market No.02, Larkana in hurry and…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492