Pakistan Case Lawโ† Search
1987 CLC 349

MUHAMMAD QASSIM vs TAHIR MEMON and others

Citation1987 CLC 349
CourtSindh High Court
Case No.Civil Petition No. D-848 of 1986
Date1986-09-24
Judge(s)Mamoon Kazi, Muhammad Zahoor-ul-Haq
ResultPetition dismissed

ORDER

1. ' MUHAMMAD ZAHOORUL HAQ, J.-- The petitioner has filed this petition challenging the action of respondents Nos. 1 to 4 who are all private persons and they are alleged to have misappropriated the Government land. Direction is sought against respondent No. 6 for filing a complaint against respondents Nos. 1 to 4.

2. ' The petitioner is not aggrieved in any manner and the explanation of Mr. Rafiq Khanzada is that the petitioner need not be an aggrieved person in filing such petition. He has relied upon 1981 SCMR 74. But the difficulty for the petitioner is that the cited decision of the Supreme Court is in respect of clause 'B' of Article 98(i) of the Constitution which refers to detention matters and matters of quo warranto nature. In respect of these two matters a person need not be an aggrieved person but in respect of matters which are covered by Article 199-A(i)(ii). It is only the aggrieved person who can file a petition. And these matters cover the case of actions and omissions by the persons performing functions in connection with the affairs of the Federation or Province or local authority.

3. The present petition is concerned with the actions/omissions stipulated under Article 199(1)(a) and

(i) and (ii) and the same is, therefore, not competent as the petitioner is not aggrieved in any manner. We appreciate the gesture of the petitioner in taking up a public matter but he should really bring the same to the notice of the Government and relevant authorities instead of filing this petition. The petition is, therefore, dismissed in limine and the office objection is thus sustained.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch