Law:

Section:

(a) Accommodation Allocation Rules, 2002-------Rr.2(b), 7, 10 & 11---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Allotment of accommodation--Dispossession of allottee---Petitioner being Government servant, had called in question, the action of the Authority taking illegal forcible possession of flat/house duly allotted to him---Allotment letter issued by Joint Estate Officer in favour of petitioner was available on file---Ownership of the Authority itself was under clouds as civil suit filed by another person against the Authority was subjudice before Civil Court---Premises in question having been allotted to petitioner by Estate Department under Accommodation Allocation Rules, 2002, Authority, if claimed ownership over Premises in dispute, could protest against said allotment, but no letter of protest/objection or request was written by Authority to concerned, department in that behalf---Authority had not issued any notice to petitioner who was in lawful possession of said premises, to vacate same---Action of Authority taking possession of premises in dispute, was coram non judice which had shown mala fides on the part of Authority---Authority, without getting clearance from Court of competent jurisdiction, could not have acted against petitioner---Authority had proceeded on wrong track and had taken law in its hands by getting possession of flat from petitioner which action could not be maintained---Action of Authority taking forcible possession of flat in dispute in occupation of petitioner, was declared illegal, without lawful authority, mala fide and of no legal effect, by High Court in exercise of its Constitutional jurisdiction---Petitioner could enter into said premises and continue his residence. (b) Mala fides--- ----Action would be said to be suffering from mala fides on facts, if it was taken due to some personal grudge, animosity or for some personal benefit---State of mind of the person taking action, was of great importance in determining such facts. (c) Malice--- ----Action would be said to be suffering from "malice-in-law", if Authority taking action was not competent to do so or had acted beyond its powers or in…

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