Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---Before a person could be permitted to invoke discretionary power of a court, it must be shown that order sought to be set aside had occasioned some injustice to. the parties---If it did not work any injustice to any party, rather it caused removal of an illegality then the extraordinary jurisdiction, ought not be allowed to be invoked---High Court, in exercise of its constitutional jurisdiction, was not competent to interfere in factual controversy involved in the matter---High Court could not examine or re-evaluate evidence or record in exercise of its constitutional jurisdiction. Muhammad Baran's case PLD 1991 SC 691; Nawab Syed Raunaq Ali and others v. Chief Settlement Commissioner and others PLD 1973 SC 236; Muhammad Hussain Munir v. Sikandar PLD 1974 SC 139; Sub. Muhammad Asghar v. Mst. Safia Begum PLD 1976 SC 435; Muhammad Yunus Khan v. Government of NWFP through secretary and others 1993 SCMR 618; Bnedict F.D. Souza v. Karachi Building Control Authority 1989 SCMR 918 and Federation of Pakistan v. Major (Rtd.) Muhammad Sabir Khan PLD 1991 SC 476 ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD AKHTAR SHABBIR, J.--- This judgment will dispose of Writ Petitions Nos.129 and 130-R-1998, as identical common question of fact and law is involved therein. ? 2. Facts giving rise to the present writ petitions are to the effect that one Waryam son of Noor Muhammad and Muhammad Ismail etc. have submitted an application to MBR with power of Chief Settlement Commissioner Punjab, Lahore that in 1968 Ansar Raza, who was then posted as Settlement Inspector in Jhang had prepared a fictitious and forged bid sheet regarding Plot Nos.80-B and 161-A, situated in Block No.9 Jhang Sadar in favour of his mother namely Mst. Razia Begum who, died in 1970 and Akbar kaza his brother an employee of D.C. office Jhang, respectively. 3. The auction money in respect of the case of Mst. Razia Begum had been deposited in the year, 1989 and Transfer Order was issued in the year, 1990 in her favour who died about 2 years back. In fact, no auction had been conducted nor any notice was issued to…

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