Case Details

Citation(s)
2007 SLG 3366 2007 SLD 3366 2007 PLJ 618
Supreme Court of Pakistan
C.A. No. 210 of 2004 out of C.P. No. 94/Q of 2003, decided on 15.12.2006.
IFTIKHAR MUHAMMAD CHAUDHRY, JAVED IQBAL, ABDUL HAMEED DOGAR, MIAN SHAKIRULLAH, JAN & SAIYED SAEED ASHHAD, JJ.
Mr. Salah-ud-Din Mengal, A.G. and Mr. Mehmood Raza, Addl.A.G. for Appellants. Mr. Shahid Hamid, Sr. ASC for
Respondent.

PROVINCE OF BALOCHISTAN and 2 others

VS

MURREE BREWERY CO. LTD.through its Secretary--Respondent

Law:

Section:

Constitution of Pakistan, 1973-- ----Arts. 199 & 185(3)--Conditions--Constitutional jurisdiction--Locus standi--Validity--Court must satisfied that there was no other adequate remedy available under the law to the person/party invoking the jurisdiction of High Court and party was to be an aggrieved one which condition has not been prescribed u/Art. 199(1)(b) of the Constitution--Held: Jurisdiction of High Court through a Writ Petition that the petitioner must be an aggrieved person and he must have a locus standi for availing such a jurisdiction. [Pp. 622 & 623] A Words & Phrases-- ----Aggrieved Person--In order to be an aggrieved person it is imperative for him to show any of his proprietary or personal rights recognized by law, to be invaded or denied. [P. 623] B Words & Phrases-- ----Aggrieved party--Party must show some interest in property to which some legal sanctity was attached in order to bring itself within the ambit of the definition of "aggrieved party". [P. 623] C Words & Phrases-- ----Aggrieved person--Possibility of obtaining property by making highest bid, does not give to bidder a vested right in property--Mere possibility that a person can obtain property by making highest bid if a property is disposed of by public auction does not give such a potential bidder a vested right in property--Such person is not an aggrieved person and has no right to maintain a Constitutional petition. [P. 623] D Constitution of Pakistan, 1973-- ----Arts. 199 & 185(3)--Writ jurisdiction--Maintainability--Aggrieved Person--Person could not be held to be an aggrieved person unless he had a right in the performance of statutory functions by a person performing functions in connection with the affairs of the Federation or Province in respect of any right which he may have in relation to the performance of the functions and if he did not have any right directly in the matter had no locus standi to maintain Constitutional petition--Held: Relief sought must be in relation to the aggrieved person and not the grievance of the any third person. [P. 623] E Constitution of Pakistan, 1973-- ----Arts. 199 & 185(3)--Jurisdiction--Extraordinary…
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