Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art.199---Constitutional petition---Locus standi---Aggrieved person---Legal right---Connotations assailed letter issued by investigating agency to revenue authorities for inquiring status of government land in question---Validity---Concerned department could make inquiries in order to ascertain actual position with regard to land, which was within their domain in accordance with laws were not owners of land in question, therefore, they were neither aggrieved nor had any legal right or locus standi to file petition---Legal right was one which was recognized and protected by laws of state and enforceable before Court of law which was lacking---No action was proposed or initiated against petitioners by authorities, therefore, Constitutional petition was premature, as no cause of action had accrued to petitioners---Petition was dismissed, in circumstances. Muhammad Moosa v. The State 2005 CLC 487; National Steel Rolling Mills and others v. Province of West Pakistan 1968 SCMR 317 and Hundal Dass v. District Nazim and others 2004 YLR 2031 ref. ORDER MRS. RASHIDA ASAD, J.s have invoked the constitutional jurisdiction of this Court by filing captioned petition and have prayed that:- i. Declare that the act of respondent No.7 to issue the impugned inquiry letter dated 17.3.2020, against the petitioners Messrs G.F.S. Builder and Developer private partnership firm advertising the project North Town Residency, as such act of respondents is illegal, unlawful, mala fide, arbitrary, capricious and colorful exercise of authority; ii. Declare that the Anti-Corruption Establishment Act, 1947 applied only on Public Servant whereas, the petitioner(s) is private entity builder and developer does not fall within the definition of Public Servant, so Anti-Corruption Establishment has no authority under the law to initiate inquiry, there-fore, the act of respondent is void ab-initio utter violation of law; iii. Declare the act of respondent No.10 visited the site office of the petitioners and created harassment to the site office staff under the garb of Anti-Corruption inquiry is illegal, unlawful, utter violation of Article 18 of the Constitution 1973;…

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