| Citation(s) |
|---|
| 2001 SLG 3157 = 2001 SLD 3157 = 2001 CLC 514 |
Court of Special Judge, Karachi
Constitutional Petition No.D-422 of 2000, decided on 27th September, 2000.
Presented By: Muhammad Roshan Essani and Muhammad Ashraf Leghari, JJ
David Lawrence for Petitioner. Manzar Alam for
Respondents Nos.1 to 3. Gul Bahar Korai and Saifuddin Shah for
Respondent No.5. S. Zawar Hussain Jafferi, Addl. A.-G. for
Respondents Nos.6 and 7. Sardar Abdul Sattar Chohan for
Respondent No.8.
Constitutional Petition No.D-422 of 2000, decided on 27th September, 2000.
Presented By: Muhammad Roshan Essani and Muhammad Ashraf Leghari, JJ
David Lawrence for Petitioner. Manzar Alam for
Respondents Nos.1 to 3. Gul Bahar Korai and Saifuddin Shah for
Respondent No.5. S. Zawar Hussain Jafferi, Addl. A.-G. for
Respondents Nos.6 and 7. Sardar Abdul Sattar Chohan for
Respondent No.8.
ABDUL QAYOOM---Petitioner
VERSUS
Messrs SHELL PAKISTAN (LTD.) and others---Respondents
Law: Constitution of Pakistan, 1973
Section: 199(1)(a)
(a) Constitution of Pakistan (1973) Art. 199---Constitutional petition---Locus standi---Where the order does not create any vested right in favour of any person, such person has no locus standi to challenge such order in Constitutional petition. (b) Constitution of Pakistan (1973) Art. 199(1)(a)---"Aggrieved party" or "person aggrieved"-- Connotation---Terms do not really mean that a man who is disappointed of a benefit which he might have received if some other orders have been made-- Aggrieved person must be a man who had suffered a legal grievance, a man against whom a decision had been pronounced which had wrongfully deprived that person of something or wrongfully refused him something which he had a right to demand or wrongfully affected his title in something. Muhammad Hussain Shah v. Board of Revenue and others 1984 CLC 1146 ref. (e) Constitution of Pakistan (1973) Art. 199---Constitutional petition---Disputed question of fact-- Installation of petrol pump in residential area---None of the residents of the vicinity had come forward with the grievance before the Authorities or any Court that the installation of the pump would be hazardous to their health and safety---Petitioner himself was running a petrol pump at some distance from the disputed site---Effect---Constitutional petition having been filed on account of professional jealousy or with some ulterior motives, controversies or disputed facts could not be resolved in Constitutional jurisdiction. JUDGMENT MUHAMMAD ROSHAN ESSANI, J.--- By this Constitutional petition, the petitioner Abdul Qayoom son of Muhammad Mehfooz Qureshi has sought the…