Law: Constitution of Pakistan, 1973

Section: 199(1)(a)(ii)

(a) Constitution of Pakistan--- ----Art. 199 (1)(a)(ii)---Writ of certiorari---Object, purpose and scope---Through a writ of certiorari, High Court on one hand is vested with power to correct errors committed by inferior Courts or Tribunals and on the other hand to annul acts or proceedings taken by inferior bodies without any lawful authority---Order of certiorari is issued out of High Court and is directed to judge or officer of an inferior tribunal to bring proceedings in a cause of matter pending before the tribunal into the High Court to be dealt with in order to ensure that the applicant of the order may have more sure and speedy justice; it may be had in either civil or criminal proceedings---Court issuing a writ of certiorari acts in the exercise of a supervisory and not appellate jurisdiction---Character and scope of certiorari issued is for correcting error of jurisdiction---High Court is empowered to interfere in all cases of excess of jurisdiction, whether the person exceeding jurisdiction is a Court, a judicial or a quasi-judicial body or a purely executive or administrative Tribunal or officer, provided such body, authority or officer is performing functions in connection with the affairs of the Federation, a Province or a local authority---Writ of certiorari cannot be used as a substitute of appeal or revision as its scope is limited. Auqaf Department through Chief Administrator Auqaf, Punjab, Lahore v. Secretary, Ministry of Religious Zakat, Ushar and Minorities Affairs Government of Pakistan, Islamabad and 3 others 2009 SCMR 210; Rahim Shah v. The Chief Election Commissioner of Pakistan and another PLD 1973 SC 24 and Bashir Ahmad Khan v. Additional Sessions Judge and others 2020 MLD 42 rel. (b) Evacuee Trust Properties (Management and Disposal) Act (XIV of 1975)--- ----Ss. 25 30---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of lessee---Vested right---Malice in fact---Factual controversy---Petitioner was aggrieved of his ejectment from the evacuee property which was leased out to him---Validity---Federal Government is competent under S. 25 of Evacuee Trust Properties (Management and Disposal) Act, 1975, to eject any…

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