Law: Constitution of Pakistan, 1973

Section:

  Constitution of Pakistan (1973)---- ---Art. 199----Constitutional petition---Locus standi to file---Sine qua non to be a petitioner---Person invoking Constitutional jurisdiction of High Court must ' be an aggrieved person---Person desirous to invoke Constitutional jurisdiction must establish a direct or indirect injury to himself and substantial interest in the subject-matter of proceedings. Mst. Noor Jehan Begum v. Doctor Abdul Samad 1987 SCMR 1577; Mst. Resham Jan v. Assistant Settlement Commissioner Lands PLD 1979 Pesh. 75 and Nisar Ahmad and others v. Additional Secretary, Food and Agriculture 1987 SCMR 389 rel. Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--- ----S. 10---Constitution of Pakistan (1973), Art. 199---Constitutional jurisdiction, exercise of---Petitioners were found to be disentitled to the transfer of house in question, by Supreme Court in an earlier round of litigation, being not aggrieved. persons within meaning of Art.199 of the Constitution---Subsequent to judgment of Supreme Court, petitioners were disentitled to proceed further with their claim with regard to property in question---Transfer of property in question, in favour of respondents (claimants) after the Supreme Court judgment, by the Notified Officer was with lawful authority---Even if order of transfer of house in question, had been passed without lawful authority, yet the petitioners being not aggrieved persons could not challenge the same. Umar Din v. Government of West Pakistan PLD 1969 Lah. 743; Muhammad Akbar v. Adalat Khan 1985 SCMR 169; Muhammad Younis v. Muhammad Younis Khan 1981 SCMR 899; Headmaster Muslim High School No.1, Rawalpindi v. Asghari Khanum 1984 SCMR 332 and S.M. Yousuf v. Deputy Settlement Commissioner (C.C./Authorised Officer) 1987 MLD 524 ref.   Sanaullah Khan Gandapur for Petitioners. Haji Sadullah Khan Mian Khan for Respondents Nos.l to 3. Malik Muhammad Aslam Khan assisted by Sheikh Abdul Aziz for L.Rs. for Respondent No.4. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, calls in question the order dated 25-6-1988 passed by the learned Deputy Settlement and…