Law:

Section:

(a) Sindh Local Government Ordinance (XII of 1979)-------Ss. 53 & 70(f)---Sindh Local Councils (-Appeal) Rules, 1982, R.4(1)(a)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Locus standi---Deprivation of civic amenities by Local Council (i.e. reducing width of public road from 65 feet 30 feet affecting flow of traffic)---Even stranger could challenge such deprivation before Appellate Tribunal or High Court in Constitutional jurisdiction. Fazal Din v. Lahore Development Trust PLD 1969 SC 223 rel. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction---Scope---Relief not prayed for in Constitutional petition---Effect---Defect in the form of prayer could not restrain High Court to mould relief according to circumstances of case---High Court in Constitutional jurisdiction could mould or alter relief according to circumstances, if justice of cause required so, though such relief had not been prayed for. Abul A'ala Maudoodi v.. Government of West Pakistan PLD 1964 SC 673 rel. Abdus Salam Qureshi for Petitioners. . Naimatullah Soomro for Respondent. Bahadur Ali Baloch for H.D.A. on Court notice. Masood Noorani, Addl. A.-G. on Court notice. Date of hearing: 2nd October, 2003. JUDGMENT AMIR HANI MUSLIM, J.--- Through this Constitution petition the petitioner has prayed for following relief:-- "(i) It be declared that the respondent's wilful disobedience and evasion of the judgment/order, dated 1-10-1985 passed in Appeal No.ATLC-8 of 1985 by the Honourable Appellate Tribunal Local Councils. Sindh, Karachi, is mala fide, ultra vires, illegal and not m due discharge of his duty. (ii) The respondent be directed to immediately implement/execute for the service and safety of the public. The abovesaid judgment/order dated, 1-10-1985 of the Honourable Appellate Tribunal Local Councils, Sindh, Karachi, in Appeal No.ATLC-8 of 1985 and not act in. contravention of the same. (iii) Any other relief/order deemed just and proper under the circumstances of the case, in addition to tithe petition, may, also be granted to the petitioner." 2. The acts as pleaded in the petition are that the petitioner is one of the citizens,…

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