Law:

Section:

Constitution of Pakistan (1973)-------Art. 199---Constitutional jurisdiction, exercise of---Possession of property--­Legality---Petitioner claimed .protection of his possession over a quarter which allegedly was allotted to him as a civil servant, but later on its allotment was cancelled from his name and same was allotted to respondent---Petitioner had alleged that order of cancellation of his allotment was fabricated and ante-dated and that respondent had procured allotment by concealment of fact---Allegations that order cancelling his allotment was ante-dated and fabricated, could not be accepted merely on basis of a bald assertion of petitioner as it was a question of fact and could only be resolved by recording of evidence, which exercise was not possible in Constitutional petition---Even otherwise presumption of regularity was attached to orders passed by public functionaries---Competition of taking possession of quarter in dispute being between an allottee thereof and a person whose allotment had been cancelled, protection of petitioner's possession whose allotment had been cancelled, would amount to acting in aid of injustice which was not possible under the law---Possession of petitioner over quarter in dispute being unauthorised, he was not entitled to grant of discretionary Constitutional relief from High Court nor he was possessed of any lawful title or interest to retain possession of quarter in dispute. JUDGMENT Syed Ghulam Abbas Bokhari petitioner, claims protection of possession over a quarter allegedly allotted to him by respondents Nos. 1 and 2, as a civil servant, through this Constitution petition. 2. Report and parawise comments have been received from respondents Nos. l and 2, wherein the stance taken is that the allotment of the quarter No. 32-A Poonch House Colony, Lahore was cancelled from the petitioner's name, therefore, neither his possession can be protected nor he can raise any grievance regarding deduction of the rent from his salary for the period during which he has illegally occupied the quarter in question. 3. Mr. Abid Saqi, Advocate, has appeared on behalf of the petitioner, Rana Naeem Sarwar, A.A.-G has appeared on behalf of…

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