Law:

Section:

(a) Constitution of Pakistan (1973)--- ---- Art. 199---Constitutional jurisdiction-7-Sindh Industrial Trading Estate Limited being a Department of Provincial Government was a "person" performing functions of Provincial Government and as such amenable to jurisdiction of High Court under Art. 199 of the Constitution-;--Executive decisions taken by Sindh Industrial Trading Estate. Limited were subject to correction by the High Court in its Constitutional jurisdiction where such executive actions affecting. private rights were arbitrary and unreasonable. Sindh Industrial Trading Estate Ltd., Karachi v, Central Board of Revenue PLD 1975 Kar. 128 and Central Board of Revenue v. S.I.T.E. PLD 1985 SC 97 rel. (b) Constitution of Pakistan (1973)-- --- -Art. 199 --- Administrative decision --- Executive decisions taken by Government affecting private rights were-subject to correction by High Court in its Constitutional jurisdiction where same were arbitrary or unreasonable---' Executive discretion must be exercised justly, fairly, reasonably and not in an arbitrary or unreasonable manner. Manthar Ali Jatoi v. Government of Sindh 1988 PLC (C.S.) 334; Syed Jaffar Hussain v. Additional Rehabilitation Commissioner 1985 SCMR 1076; Federation of Pakistan v. M/s. Charsadda Sugar Mills Limited 1985 SCMR 428; Makramullah v. Province of East Pakistan PLD 1969 Dacca 417; Montgomery Flour and General Mills Ltd. v. Director, Food Purchase West Pakistan PLD 1957 Lah. 914; Ramana Daryaram Shethi v. Int. Airport Authority of India AIR 1079 SC 1628 and Harminder SinghArora v. Union of India (1986) 3 SCC 247 rel. (c) Approbate and reprobate-- ---- Where consistent stand of respondent Authority was that land in question, could not be allotted to any one in view of public interest, such Authority could not be allowed to change its stand in an abrupt -and arbitrary manner and allot the same to a stranger without notice, to persons likely to be affected by such action. (d) Constitution of Pakistan (1973)- ---- Art. 199 --- Constitutional jurisdiction, exercise of --- Where land in question, was allotted to a stranger by Authority in contravention of its earlier decision that same could not be…

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