1981 PLP 876 (SCMR)
PIR GHULAM-Petitioner Versus PROVINCE OF BALUCHISTAN-Respondent
| Citation | 1981 PLP 876 (SCMR) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | PIR GHULAM-Petitioner Versus PROVINCE OF BALUCHISTAN-Respondent |
| Primary Law | Baluchistan Government Lands and Buildings (Recovery and Possession) Ordinance, 1956 |
Q1: What are the key laws and sections cited in 1981 PLP 876 (SCMR)?
This judgment primarily cites: Baluchistan Government Lands and Buildings (Recovery and Possession) Ordinance, 1956 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 876 (SCMR)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 876 (SCMR) (PIR GHULAM-Petitioner Versus PROVINCE OF BALUCHISTAN-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Date of hearing : 2nd June, 1981.
Headnotes / Summary
(On appeal from the Order of Baluchistan High Court dated 22-3-1981 in C. P. No. 54 of 1981). S.3 (1)-Eviction-Quarter under consideration not allotted to petitioner and petitioner living therein with allottee Government servant since dead--Civil Estate Officer's direction to petitioner to vacate premises, held, not open to challenge in writ jurisdiction of High Court. Petitioner in person.
Judgment & Decree
ABDUL KADIR SHAIKH, J.-This is a petition for special leave to appeal from the judgment of the High Court of Baluchistan dated 22-3-1981 dismissing Constitutional Petition No. 54 of 1981 filed by the petitioner whereby he sought to challenge the order of his eviction from Quarter No. H-37, Wahdat Colony, Quetta On his own showing the quarter was not allotted to the petitioner, but he was living there with Taimur Khan, Head Constable Excise & Taxation Department, Quetta, who died on 31-1-1981. The Civil Estate Officer, Quetta, therefore, directed the petitioner under the powe conferred under subsection (1) of section 5 of the Baluchistan Governing Lands and Buildings (Recovery and Possession) Ordinance, 1956 to vacate the quarter. Petitioner's challenge to this order before the High Court in its Constitutional jurisdiction rightly failed for the reason that he has no legal right to the possession of the quarter. The petitioner who argued personally in support of this petition had nothing to show by way of a legal right to remain possession of the quarter, he, however, submitted that being a low paid Government Servant he is entitled to a residential accommodation. This is a plea which the petitioner may address to the officer concerned in the relevant Department but is not available to him for seeking special leave to appeal from the judgment of the High Court. The petition is dismissed in lemine.