Law:

Section:

Constitution of Pakistan (1973) ----Art. 199 Writ jurisdiction Aggrieved person Sine qua non for invoking writ jurisdiction of High Court Petitioner to be an aggrieved person Petitioner in order to avail of such jurisdiction must establish direct or indirect injury to himself and substantial interest in subject matter of proceedings Stand of petitioners through¬out being of tenants paying rent to Evacuee Trust Board and never claiming transfer of property nor petitioners entitled to such transfer under law Petitioner's writ petition, held, rightly dismissed in circumstances. [Aggrieved person]. Fazal Din v. Lahore Improvement Trust P L D 1969 S C 223; Arsalla Khan v. Bashir Ahmad Blour P L D 1976 S C 581 and S. M. Ilyas & Sons Ltd. v. Monopoly Control Authority, Islamabad P L D 1976 Lah. 834, ref. ORDER NASIM HASAN SHAH, J. This is a petition for leave to appeal against the order dated to 5 1978 of a learned Judge of the Lahore High Court in Writ Petition No. 428/R of 1976, dismissing the petitioners' writ petition in limine. The petitioners were in occupation of two shops and a residential portion of the property in dispute as tenants of the Evacuee Trust Board. In 1948 the Custodian had allotted a part of this property to Haji Abdur Karim and on commencement of the Settlement operations his widow and Abdul Hameed (respondents 3 and 4 before us) applied for transfer of the property on Form C. H. as the property was situated in a predominantly residential area, which was transferred to them by the Deputy Settlement Commissioner on 24 I1 1959, followed by a provisional transfer order dated 6 11 1960. The entire price was thereafter paid but owing to departmental inaction the P. T. D. could not be issued. Petitioners 1 and 2 preferred an appeal and the Additional Settlement Commissioner set aside the order of transfer made by the Deputy Settlement Commissioner on the ground that the property being evacuee trust property did not form part of the compensation pool, hence it could not be transferred by the Settlement Authorities. This revision petition having failed, respondents 3 and 4 preferred Writ Petition No. 4/R of 1964) which was accepted on 1 12 1966 on…

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