Law: Central Government Lands and Buildings (Recovery of Possession) Ordinance, 1965

Section: 3 , 73 , 199

  Central Government Lands and Buildings (Recovery of Possession) Ordinance (LIV of 1965)--- ----S.3---Contract Act (IX of 1872), S.73---Constitution of Pakistan (1973), Art. 199---Constitutional jurisdiction, exercise of---Competency---Petitioners were awarded licences for passenger facilitation/assistance service and office accommodation at Airport by Civil Aviation Authority---Cancellation of such licence agreements by Authority before expiry of contractual period without notice---Validity---Issuance of licence would not create vested right---Licence was granted on strength of agreement between parties---Where licence was terminated without giving mandatory notice in terms of agreement in question, such act would amount to only breach of contract, for which efficacious and alternate remedy by way of filing suit before competent Civil Court was available---Breach of terms of contract would not amount to breach of Constitutional right of citizen  Constitutional petition would not be maintainable for enforcing contractual obligations between parties  Proper remedy available with petitioners would be by way of filing suit before Civil Court ---Parties for alleged breach of contract would have to lead evidence to prove such contract which  was  not  possible  in  Constitutional  petition  In addition, there being clause of arbitration in agreement in   question, same was also sort of alternate remedy available to petitioners for resolving dispute in question arising between them---Constitutional petition being not maintainable was dismissed in circumstances. Tawakal General Export Corporation v. Collector of Customs (Export), Karachi PLD 1992 Kar. 199; M/s. Abdullah & Co. v. Porvince of Sindh 1992 MLD 293; Rice Export Corporation of Pakistan v. K.M.C. PLD 1990 Kar.186; Wilayat Ali Mir v.PRA. 1995 SCMR 650; Nizamuddin and others v. Civil Aviation Authority C.P. No. D-2052 of 1992 and C.P. No. D-2586 of 1983 ref. M.S. Qureshi for Petitioner. Farooq Rashid for Respondents. Date of hearing: 20th December, 1995. ORDER Facts of the case are that petitioners were awarded Licences for Passenger…