Report and parawize comments called for from respondent No. 2 have been submitted on his behalf by Mr. Pervez Buttar, Advocate.
2. According to the report and it is not denied by the petitioner's counsel that show-cause notice was issued before necessary order of requisitioning the house in question was passed by the Commissioner. Further according to section 9 of the West Pakistan Requisitioning of Immovable Property (Temporary Powers) Act, 1956, if in the opinion of the Provincial Government it is necessary or expedient to requisition any building for the use of any of its officers or offices, the Provincial Government or any corporate body established by or under the authority of the Central Government or the Provincial Government, the Provincial Government may by order in writing requisition any building and may make such further order as appears to it to be necessary or expedient in connection with requisitioning. It is not denied that respondent No. 1, Pakistan Atomic Energy Commission is a corporate body established under the law. In this view of the matter the provision as referred to above can be attracted in this case.
3. It is contended by the learned counsel appearing on behalf of the petitioner that since the requirement and need of the petitioner being a retired military officer has not been kept in view while passing the order by respondent No, 2, therefore, the impugned order may be set aside. I am afraid this Contention has no force in law. Article 199 of the Constitution with regard to extraordinary jurisdiction of this Court has been invoked and if there is any excess of jurisdiction or lack of jurisdiction on the part of an authority which has passed the order then the same will be attracted. In the present case the impugned order has been passed by a competent authority.
4. For the aforesaid reasons, I do not find any force in the writ petition which is hereby dismissed in limine.