Article 199(1)(a)(ii) of the Constitution deals with the writ of certiorari, which can be issued in the following circumstances: -
(i) when an inferior Court or tribunal acts without jurisdiction or in excess of it or fails to exercise it.
(ii) when the Court or tribunal acts illegally in the exercise of its undoubted jurisdiction, as when it decides without giving an opportunity to the parties to be heard, or violates the principles of natural justice.
(iii) if there is an error apparent on the face of the record.
Impugned action of cancellation of lease is founded on a public purpose and lease property is not the only property, which has been earmarked for the said purpose. As already observed that powers are vested with the Federal Government to take over the possession of any evacuee property for the public purpose, so the determination of suitability of property clearly vests with the executive/government. No fetters can be put to the powers of the executive to utilize such property for public welfare only on the whims and caprice of the lessee. Needless to observe that this whole exercise will not cause prejudice to the rights, if any, of respondent No.7 as the lease property is now no more available. The nutshell of above discussion is that under the circumstances impugned order of cancellation of lease of the petitioner cannot be termed as without lawful authority as per contemplation of Article 199(1)(a)(ii) of the Constitution.
Writ Petition-Settlement-Evacuee trust Property Board
2571-R-21
ATIF RIAZ VS FOP ETC
Mr. Justice Mirza Viqas Rauf
11-02-2022
2022 LHC 1743Writ of certiorari - Scope: Jurisdiction u/a 199 of the Constitution cannot be invoked as a substitute of another appeal against the order of the appellate Court. Mere fact that upon perusal of evidence there exists possibility of a different view would never be sufficient to assail concurrent findings. {#2021MLD1298 Sindh}Discretionary relief: Constitutional jurisdiction being discretionary relief cannot be awarded to party who himself placed hurdles in the way of smooth running of the proceedings of the Court. Constitutional petition dismissed.
{#2017CLCNote22 Lahore} 1969-SCMR-141, 1983-SCMR-168, 1984-CLC-890, 1986-SCMR-1386, 2001-CLC-567, 2004-CLC-703, 2011-SCMR-676, PLD 1973-SC-236, PLD 1974-SC-106, PLD 1982-Lahore-281, PLD 1989 Lahore 69
