Mst. ANEEQA SOHAIL vs LAHORE DEVELOPMENT AUTHORITY art — 2024 MLD 183 LAHORE-HIGH-COURT-LAHORE

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Mst. ANEEQA SOHAIL VS LAHORE DEVELOPMENT AUTHORITY art. 199---Constitutional jurisdiction of High Court---Scope---Factual controversy---Title, determination of---appreciation of evidence---Principle---Petitioners were aggrieved of non-transfer of suit plot by Lahore Development authority in favour of person to whom it was sold---Validity---Questions regarding title of a person in a property fell outside the ambit of Constitutional jurisdiction, hence, could not be decided in exercise of powers under art. 199 of the Constitution---Evaluation of evidence necessary to decide such questions could not be undertaken by Constitutional Court and invocation of such jurisdiction could only be made when there was no stigma or defect alleged on the title of litigant---Such defect could only be adjudicated by Courts of plenary jurisdiction---Existence of or even undetermined allegation of such facts precluded petitioners from seeking issuance of a writ---Contentions of petitioners themselves pointed towards an alleged blot on their title---When title itself was undetermined, High Court could not proceed on an assumption of existence of any vested right, sufficient to enable High Court to exercise its jurisdiction under art. 199---Right of petitioners to use and dispose of their property, contingent upon existence of a valid title was a private law right, which once established would give rise to public law duty of Lahore Development authority to not cause any hindrance in the exercise of such right---Petitioners tried to cross the bridge before reaching it and had sought issuance of a writ for enforcement of a public law right without first establishing their private law right from a Court of ordinary jurisdiction---Constitutional petition was dismissed, in circumstances.

Mst. ANEEQA SOHAIL vs LAHORE DEVELOPMENT AUTHORITY art — 2024 MLD 183 LAHORE-HIGH-COURT-LAHORE

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