Muhammad Amjad Aziz vs Full Board No — 2026 MLD 602 LAHORE-HIGH-COURT-LAHORE

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Muhammad Amjad Aziz VS Full Board No.1, Board of Revenue Punjab S.3 [as amended by Evacuee Property and Displaced Persons Laws (Repeal) (Amendment) Act (XXI of 2022)]--- Constitution of Pakistan, Art. 199--- Constitutional petition--- Evacuee property, disposal of--- Cancellation of allotment--- Provincial Government, ownership of--- Petitioners were aggrieved of order passed Board of Revenue cancelling allotment of land in question in favour of allottee and subsequent transfer of the land in their favour through sale deedwhich land had come into the ownership of Provincial Government--- Validity--- Petitioners occupied and had sold valuable land, which was to be allotted to those who were entitled for such allotments owing to their sacrifice and miseries of migration in one of the world's most bloodied migration--- Saga of allotment(s) against dubious settlement claims accumulated to the fortunes of those, who had the means and tools to frustrate the system--- Object, of exercising extraordinary jurisdiction of judicial review by Superior Court(s) is to foster justice, preserve rights and to right a wrong--- While exercising judicial review, a Constitutional Court may proceed in equity to set aside or annul a void judgment or enjoin enforcement by refusing to intervene in the circumstances of the case before it--- High Court declined to invoke such power for petitioners whose hands were sullied by gross misrepresentation and fraud--- There was no lawful order of allotment in favour of original allottee, who himself was non-existent, and as such, the first mutationwas of no lawful consequences--- As a natural corollary, all/any subsequent transactions based thereon were absolute nullity in the eye of law--- Sale deed in favour of petitioners was a dubious document and could not be relied upon for treating petitioners as 'aggrieved persons'--- High Court declined to interfere in the matter as no case was made out for interference while exercising extraordinary equitable jurisdiction under Art.199 of the Constitution--- Constitutional petition was dismissed in circumstances.

Muhammad Amjad Aziz vs Full Board No — 2026 MLD 602 LAHORE-HIGH-COURT-LAHORE

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