Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Allotment of plot for tib pharmacy--Matter of public importance--Doctrine of corum-non-judice--Auqaf & zakat property--Property reserved for public use could not be diverted for private use--No vested right--Doctrine of coram non judice squarely applies--It is a settled principle of law that any order passed by an authority lacking jurisdiction is void ab initio and confers no enforceable right--It is well settled that an act done without lawful authority was a nullity in eye of law and did not create vested rights--Superior Courts had consistently held that amenity plots were held in trust for public at large and could not be alienated except strictly in accordance with law--It is emphasized that public property, particularly amenity land, could not be converted or allotted in violation of statutory provisions, and any such act is void--No vested or indefeasible right could accrue on basis of an order passed by concerned secretary without lawful competence, nor can equitable considerations override express statutory mandates--It is well settled that there can be no estoppel against statute--Petition dismissed. [Pp. 57 & 58] A, B & C Mr. Lala Asad Mangi, Advocate for Petitioner. Mr. Azain Nadeem Memon, Advocate for Respondent Nos. 7 to 11. Mr. Abdul Jalil Zubedi, A.A.G., Sindh. Mr. Mukhtiar Ali Abro, Chief Administrator Auqaf. Date of hearing: 12.02.2026. Order Adnan-ul-Karim Memon, J.--Petitioner Majlis-Tib-Wa Adab Pakistan has filed this Constitution Petition under Article 199 of the Islamic Republic of Pakistan 1973 seeking following relief: a)       It is therefore, respectfully prayed that this Hon'ble Court may graciously be pleased to pass an order issuing the writ directing to the respondents No. 01 to 04 for protecting the processional rights in respect of the ST Plots and the writ may be issued against private respondents No. 06 to 08 not to interfere in the smooth management of the petitioner in respect of the ST-Plots mentioned Supra. b)       Any other relief, relives which this Hon'ble Court deems fit and proper.…