Law: Constitution of Pakistan, 1973

Section: 199

Summary The petitioner sought to declare the cancellation of his allotted plot by the National Police Foundation (NPF) as illegal and requested restoration of the plot. He argued that he had applied for a 2-kanal plot, later accepted a 1-kanal plot, paid all required installments, and that the plot was cancelled without notice or an opportunity of hearing, violating his constitutional right to property. The NPF opposed the petition, contending that it is a charitable trust under the Charitable Endowments Act, 1890, not a statutory body performing governmental functions, and therefore not amenable to the High Court's constitutional jurisdiction under Article 199. It also argued that the petition involved disputed questions of fact, suffered from delay, and that the petitioner had previously filed a civil suit which was dismissed. The Court held that although the petitioner had deposited money for the plot, the dispute involved contested factual issues relating to allotment and cancellation. Since the NPF is not performing functions in connection with the affairs of the Federation or a Province, it is not subject to writ jurisdiction under Article 199. Such disputes must be resolved through the appropriate civil forum. Final Decision The writ petition was dismissed as not maintainable under Article 199 of the Constitution.         JUDGMENT SHEET ARBAB MUHAMMAD TAHIR, J.  Thorough the instant writ petition, the petitioner is seeking directions upon the respondents to declare the impugned notification dated 25.02.2011, to be issued in violation of law void ab-initio and ineffective upon the right of the petitioner and restore the plot of the petitioner. FACTS OF THE MATTER  The facts emanating from the perusal of the instant writ are that the respondent i.e. National Police Foundation “referred to as (NPF)” invited applications for allotment of plots, the petitioner also applied for the plot measuring 2 kanal and got a membership bearing No. 1771 in the year 1989-1990; that the petitioner paid the requisite consideration fee of Rs. 60,000/- to the respondents; that after passage of considerable time, the respondents…