Case Details

Citation(s)
1982 SLG 741 1982 SLD 741 1982 PLD 308
Supreme Court of Pakistan
Civil Appeal No. 96 of 1976, decision dated: 26-04-1982.
NASIM HASAN SHAH, ABDUL KADIR SHAIKH AND MIAN BURHANUDDIN KHAN, JJ
Mahmood Ali Kasuri, Senior Advocate Supreme Court, Umar Mahmood Kasurl, Advocate Supreme Court and Rao Muhammad Yusuf, Advocate-on-Record for Appellant (Absent). A. K. Brohl, Senior Advocate Supreme Court, Major Muhammad Ishaq, Advocate Supreme Court and

ANJUMAN ARAIAN, BHERA

VS

ABDUL RASHID AND OTHERS

Law:

Section:

(a) Scheme for Management and Disposal of Evacuee Trust Property--- Cl. 19 (j)-Pro bono' publico, party acting as-Locus stand! to challenge transfer-Contention that in transferring area in dispute to first respondent relevant law not followed hence transfer without effect-Such grievance having been shared by appellant alongwith numerous others, hence, its capacity, while agitating against orders of transfer equalled to that of a person raising a question pro bono publico-Party acting pro bono publico however, possesses no locus standi to call in question transfer of property in favour of a third party unless possessed of a personal interest in matter-Constitution of Pakistan (1962), Art. 98.-[Locus stand!]. (b) Constitution of Pakistan (1962)- Art. 98-Writ-Aggrieved person-Person can be deemed to be "aggrieved" if possessed of some interest in corpus of property to which law attaches some sanctity-Interest of trespasser-Not such interest which has blessing of any law-Trespasser, held, cannot maintain writ petition. Muhammad Rashid v. Evacuee Trust Board Civil Appeal No. 1/66, decided on 29-11-1966; Aram Bus Service and others v. Board of Revenue, West Pakistan and others P L D 1963 S C 564 ; M. U. A. Khan v. M. Sultan and another 1981 S C M R 74 ; The Montgomery Flour and General Mills Ltd., Montgomery v. The District Food Purchases, West Pakistan and others P L D 1957 Lab. 914 ; Abdul Ghafoor v. Settlement Commissioner, Rawalpindi etc. 1968 S C M R 1286; Managing Committee, Muhujrin v. Mst. Zainab Bib! and others 1974 S C M R 230 ; Mirza Sardar Muhammad and others v. Pakistan and others Law Notes 1970 Lab. 736 and Nisar Ahmad and others v. Additional Secretary, Food and Agriculture, Government of Pakistan etc. 1979 S C M R 299 ref. Mian Fazal Din v. Lahore Improvement Trust, Lahore and another P L D 1969 S C 223 ; Sardar and another v. The State P L D 1970 S C 212 and Manzoor Hussain v. Col. (Recd.) Faiz Ahmad and others 1978 S C M R 249 distinguished. JUDGMENT NASIM HASAN SHAH, J.--This appeal by leave of this Court is directed against the judgment of a Division Bench of the Lahore High Court, dated 5-7-1972, passed in L. P. A. No. 291 of 1970, whereby the…
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