Law:

Section:

(a) Constitution of Pakistan (1973)--------Art. 199---Law Reforms Ordinance (XII of 1972), S.3--- Constitutional petition---Maintainability---Alternate remedy---Contract between appellants and respondents---Rescission of contract by appellants through impugned order---Respondents aggrieved of the impugned order filed Constitutional petition---High Court accepted the Constitutional petition of respondents---Contention of the appellants was that there being alternate remedy available to the respondents by way of suit the Constitutional petition was not maintainable ---Validity--­ Objection with regard to availability of alternate remedy by way of civil suit was raised only at the time of hearing but not in the parawise comments filed by the appellants in the Constitutional petition---Four years had elapsed since the final hearing of the Constitutional petition, and such an objection at a belated stage, not only left the respondents to .a situation wherein they were debarred from having redress from Civil Courts, on account of lapse of time, but also created a right in them to have decision from the forum not objected to by the appellants---Even otherwise, availability' of alternate remedy in form of a suit, was not a bar of jurisdiction by the Court in exercise of powers of judicial review under Art.199 of the Constitution, rather was a rule regulating its jurisdiction and convenience. Muhammad Ashraf v. Board of Revenue, West Pakistan and another PLD 1968 Lah. 1155 ref. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Judicial review---Scope---Power of judicial review vests in the Constitutional Court especially in the case, where an order is attacked on the ground that it was wholly without authority---Where a statutory functionary acts in an unjust and oppressive manner the High Court in the exercise of Constitutional jurisdiction has an authority to grant relief to the aggrieved party---Rule about invoking Constitutional jurisdiction under Art. 199 of the Constitution, is rule of convenience and discretion, by which Court regulates its proceedings and is not a rule of law. Anjuman-e-Ahmadiya, Sargodha v. The Deputy Commissioner,…

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