Law: Constitution of Pakistan, 1973

Section:

Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction, exercise of---Period for which shop in dispute situated in a Government Office premises was leased out to petitioner had already expired and since expiry of that period petitioner had become illegal occupant of shop as he had not paid any rent---Petitioner had no vested right to allotment of shop and Notification relied upon by petitioner was discretionary in nature---Authority in dismissing application of petitioner for allotment of shop and in putting shop to auction, having not flouted any provision of law, the impugned order could not be interfered with in Constitutional jurisdiction of High Court. Ejaz Ahmad Chaudhry for Petitioner. ORDER Through this Constitutional Petition Muhammad Naseer petitioner seeks declaration to the effect that order dated 5-11-1990 passed by Deputy Commissioner Bahawalpur, respondent No.2 for the auction of the shop No.l situate in the premises of his office, for the year 1990-91, is without lawful authority and of no legal effect. 2. The facts leading to this petition briefly, are that on 25-6-1989, the disputed shop was leased out to petitioner for a period of one year from 1-7-1989 to 30-6-90 subject to the payment of total rent of Rs.10,200. Since then he has been working there as photostat machinst. On 27-6-1990, the Deputy Commissioner, Bahawalpur, respondent No.2 advertised in the daily `Nawa-i -Waqt' Multan, for auction of the dispute shop under the possession of the petitioner to be held on 30-6-1990. On this, the petitioner filed writ petition and obtained a stay order. The writ petition was dismissed on 14-10-1990 on the ground that the petitioner had not moved…