Law: Constitution of Pakistan, 1956

Section: Art. 170

(a) Writ-Mandamus----   ----Will not issue without evidence of specific injury-High Court will decline to give mere opinion on matters of law-Existence of right and alleged violation must be proved-Notification NQ. 118-Marine dated 25-9-1903 under Chittagong Port Commissioner Act, 1887-Chittagong Port Act (V of 1914)-Constitution of Pakistan (1956), Art. 170   There is no authority for the proposition that petitioners for issue of a writ of Mandamus are entitled to a mere opinion from Court or for directions on matters of law without making out a case of specific or imminent injury to them.   Apart from the enforcement of a legal duty imposed upon the respondents, the foundation for the issue of writ of Mandamus or orders, is the right of the petitioner, which is alleged to have been violated and which is sought to be enforced. In the total absence of such 'a foundation, the petition for the issue of a writ would be incompetent. Unless an aggrieved person makes out a specific case of an infringement of his legal right, he cannot maintain a writ petition with a view to obtain the reliefs asked for: There must be an actual infringement of right or an immediate threat of such infringement, to enable the High Court to acquire jurisdiction to deal with the situation.   Petitioners are not entitled to ask for a mere opinion of the Court on general proposition of law or for the issue of Writs or orders to prevent a- possible invasion. of their rights in future.   In the absence of a specific instance of injury to the petitioners, the High Court declined to give any opinion as to whether a. certain Notification under the Chittagong Port Commissioners Act, 1887, namely, Notification No. 118-Marina, dated 25-9-1903 (whereby, such goods as had paid the river-due when landed at the Port of Chitta-gong from a sea-going vessel, were exempted' from the payment of river-due leviable on goods shipped into a sea-going vessel under section 33-A of that Art, if such goods were again shipped into a sea-going vessel within a period of six months from the date of payment of the due or being loaded), was still in force or whether it had been abrogated…