Law: Capital Development Authority Ordinance (XXIII of 1960)

Section: 258r22

Law: Capital Development Authority Ordinance (XXIII of 1960)

Section: 25,36

Law: Constitution of Pakistan, 1962

Section: 98

(a) Constitution of Pakistan (1962)---Art. 98-Writ-Other remedy open--Rule that High Court will not entertain writ petition when other appropriate remedy available-Not a rule of law barring jurisdiction but a rule by which Court regulates its juris­diction-Order of statutory body attacked on ground that it eras wholly without authority, partial, unjust and mala lisle-High Court in exercise of its writ jurisdiction has power to grant relief to aggrieved party-Capital Development Authority Ordinance (XXIII of 1960), Ss. 25 & 36. In a writ petition where the petitioner challenged the very jurisdiction of the Capital Development Authority acting under the Capital Development Authority Ordinance, 1960, to make the impugned acquisition under tile Ordinance, it was contended that the writ petition was not maintainable inasmuch as the petitioner had not exhausted his remedy of appeal under section 36 of the Ordinance. Held : The petitioner challenged the very jurisdiction of the Capital Development Authority to make the impugned acquisi­tion under the Ordinance. If it had succeeded in establishing that the impugned acquisition was ultra vires the Ordinance, its appeal under section 36 would have been an exercise in futility. The rule that the high Court will not entertain a writ petition when other appropriate remedy is Net available is no; a rule of law barring jurisdiction but a rule by which the Court regulates its jurisdiction. One of the well recognised exceptions to the general rule is a case where an order is attacked on the ground that it was wholly without authority. Where a statutory functionary acts mala fide or in a partial, unjust and oppressive manner, the High Court in the exercise of its writ jurisdiction has power to grant relief to the aggrieved party. The appeal under section 36 of the Ordinance is limited to a matter which is within the jurisdiction of tile authority concerned and the scope of the Ordinance. A question of jurisdiction is a matter for Review, which is based not on the merits but on the legality of the lower authority's proceedings. Lt: Col. Nawabzada Muhammad Amir Khan v. Controller of Estate Duty and others P L D 1961 S C 119 ;…

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