Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 199---Writ of certiorari and mandamus--- Meaning and scope--­Distinctive features of the two writs---Where any act is done or proceedings are taken without jurisdiction or in excess of jurisdiction, such act or proceedings can be declared without any legal effect and writ of certiorari can be issued and such writ will only be issued after the proceedings have resulted in an order---Whereas mandamus literally means a command and it differs from the writ of certiorari inasmuch as it demands 'for some activity on the part of the body or person to whom it is addressed for the performance of public duty---Writ of certiorari is a right of declaring that something done by Authorities is without lawful authority and of no legal effect, whereas in the writ of mandamus it is necessary that the law should impose on the officers concerned a duty to do what they are refusing or omitting to do---Further delay in performance of a duty amounts to not doing something required by law---Order in nature of writ of certiorari or mandamus is a discretionary order and its object is to foster justice and right a wrong---Before a person can be permitted to invoke such discretionary power of a Court, it must be shown that the order sought to be set aside has occasioned some injustice to the parties---Where the order does not cause any injustice to any party, rather . it cures a manifest illegality, then the extraordinary jurisdiction ought not to be invoked. Halsbury's Laws of England 3rd Edn., Vol. II, p.106 ref. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Writ of mandamus, issuance of--­Where the Government functionaries fail to decide the matter under the policy framed by the Government, writ of mandamus can be issued. (c) Vested right---- ----Claiming of vested right---Policy or direction without statutory backing--­Where any policy or direction having no statutory backing is given for guidance to the officers of a department, no claim of vested right can be based on such policy or direction or instructions. (d) Constitution of Pakistan (1973)--- ----Art. 25---Expression…

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