Ch. MUNIR AHMAD vs GOVERNMENT OF PUNJAB through Chief Secretary, Punjab Lahore S

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Ch. MUNIR AHMAD VS GOVERNMENT OF PUNJAB through Chief Secretary, Punjab Lahore S. 10---Contract Act (IX of 1872), S. 23---Constitution of Pakistan, Arts. 3, 37, 38 & 199---Constitutional petition---Army Welfare Scheme---Allotment in violation of Scheme---Void agreement---Locus standi---Aggrieved person---Petitioner assailed allotments made under Army Welfare Scheme to civilian officers---Plea raised by authorities was that petitioner did not have locus standi to file petition as he was not an aggrieved person---Validity---Any citizen as a part of society had interest in public assets/property which was disposed of arbitrarily or in violation of law/policy by public functionaries---Such person owed bounded obligation to agitate issue and also to inform legally established fora to take judicial review of such executive order on the touchstone of Constitutionality/legality of such order of the executive---Petitioner a citizen of Pakistan was considered as an aggrieved person and he may assail the adverse order of the authority---Once sufficient tangible affirmative information or record was brought before Constitutional Courts, who are mighty guardians of fundamental rights of citizens as well as of public assets, were placed under unalienable sacred bounded duty to eliminate illegality and perversity on the order of the executive authority---According to S.23 of Contract Act, 1872, if any order was passed by any authority beyond its jurisdiction and against public policy, such order in the very inception was nullity in the eye of law and never conveyed any title in favour of the beneficiary---High Court set aside order or allotment in favour of respondents/civil officials/officers as the same was null and void and was obtained in violation of Army Welfare Scheme---High Court directed Provincial Board of Revenue to resume land in question and restore it to concerned authority of General Head Quarters---Constitutional petition was allowed accordingly.

Ch. MUNIR AHMAD vs GOVERNMENT OF PUNJAB through Chief Secretary, Punjab Lahore S — 2022 PLD 384 LAHORE-HIGH-COURT-LAHORE

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