| Citation(s) |
|---|
| 1996 SLG 1467 1996 SLD 1467 1996 CLC 1247 |
Sindh High Court
Constitutional Petition No. 643 of 1995, decision dated: 11-12-1995
HAMID ALI MIRZA AND AGHA RAFIQUE AHMED KHAN, JJ
Rafiq Ahmed for Petitioners. Hakim Ali Siddiqui for
Respondent No. 1. Abdul Sattar Kazi, Addl. A.G. for
Respondent No. 2
Constitutional Petition No. 643 of 1995, decision dated: 11-12-1995
HAMID ALI MIRZA AND AGHA RAFIQUE AHMED KHAN, JJ
Rafiq Ahmed for Petitioners. Hakim Ali Siddiqui for
Respondent No. 1. Abdul Sattar Kazi, Addl. A.G. for
Respondent No. 2
NAHEED PARVEEN and anothers
VS
KHALID AZIZ and another
Law:
Section:
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-------S. 10---Sindh City Survey Act (I of 1987), S. 3---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Allotment of property in question in favour of predecessor of respondent---Such allotment had attained finality before respondent purchased the same from allottee as rival claimant for allotment of the same having failed in his claim before High Court in earlier round of litigation did not go to Supreme Court, thus, allotment in favour of respondent's predecessor had attained finality---Rival claimant's legal representatives after his death gifted property in question in favour of petitioner, although they had no title to make such gift---Petitioner was successful in getting such gift entry in City Survey Register in his own name---Respondent got such wrong entry rectified by official respondent---Validity---Order . made by Authority in rectifying wrong entry which had been wrongly made in favour of petitioner had in fact advanced cause of justice and rectified illegality by doing justice to respondent---High Court in exercise of its Constitutional jurisdiction would not allow to perpetuate injustice but would interfere to. foster cause of justice--Interference by High Court in its Constitutional jurisdiction, with order in question, would amount to perpetuate injustice even if respondent (official) was not competent to pass the same and in spite of the fact that order of rectification was passed without hearing petitioner---Petitioner having failed to show his title was not entitled to any relief by High Court in exercise of its Constitutional jurisdiction. Syed Ali Shah v. Abdul Saghir Khan Sherwani PLD 1990 SC 504; Export Promotion Bureau and others v. Qaiser Shafiullah 1994 SCMR 859; Nawab Syed Raunaq Ali and others v. Chief Settlement Commissioner and another PLD 1973 SC 236; Wali Muhammad and others v. Sakhi Muhammad and others PLD 1974 SC 106; The Chief Settlement Commissioner, Lahore v. Raja Muhammad Fazil Khan and others PLD 1975 SC 331; Syed Nazim Ali and others v. Syed Mustafa Ali and others 1981 SCMR 231; Muhammad Umar v. Member, Board of Revenue and 9…
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