P L D 1967 Lahore 184 (PLP)

Sami Hayat for Respondent No.'

1. Date of hearing: 4th October 1966. This is a petition by Muhammad Ismail to challenge the order of Mr. Muhammad Rafique, Settlement and Rehabilitation Commissioner with powers of Chief Settlement and Rehabilitation Commissioner, Lahore, dated the 8th of September 1962, under Article 98 of the Constitution of Islamic Republic of Pakistan, praying for a declaration that the order passed by him is without lawful authority, and that the Settlement Department be directed to put the property in dispute to auction.

2. The premises known as S. P. Engineering Corporation was allotted to Mirza Muhammad Chiragh and Muhammad Amir Ullah Siddiqui, respondents Nos. 1 and

2. They applied for its transfer, which was refused, as transfer of industrial concerns had to be by auction. The premises were put to auction and one Tahir Ali of Karachi gave the highest bid of Rs. 51,500, but he failed to pay or deposit the transfer price. In consequence, the auction m his favour was cancelled. The second and `third' applications of the respondents for transfer of the premises made on the 31st of August 1959 and 27th of September 1960, were also rejected by the Chief Settlement Commissioner on the 3rd of December 1959 and 3rd of June 1961 'respectively The respondents Nos. 1 and 2 then moved a review petition. This petition was accepted by Mr. Muhammad Rafique, Settlement Commissioner with powers of Chief Settlement Commissioner Lahore, on the 8th of September 1962, in view of the notification of the Ministry of Rehabilitation No. P. 3(1)/59 SO (Clms), dated the 14th of December 1959. This notification provided that if any local or displaced person had invested in any engineering concen, not being an engineering concern transferred under sub‑para. (2) or sub‑para. (4) Of Paragraph 15 of the Schedule to the Displaced Persons (Compensation and Rehabilitation) Act, 1958, not less than fifty per cent of the prevailing market value of the machinery installed therein, then such engineering concern shall, in case such local or displaced person applies in that behalf, be transferred to him on payment immediately of the prevailing market value, minus the investment made, if any. Mr. Muhammad Rafique, Settlement and Rehabilitation Commissioner with powers of the Chief Settlement Commissioner found that as these respondents had made investment of well above fifty per cent of the value of the machinery, they were entitled to its transfer. He, therefore, set aside the order of auction and directed the transfer of the premises to respondents Nos. 1 and 2.

3. Muhammad Ismail petitioners. Is transferee of Puran Singh Flour Chakki, 113 Shalimar Link Road, Ramgarh, Moughalpura, Lahore, but he is neither in possession nor allottee of any part of the premises of S. P. Engineering Corporation. He is not, therefore, entitled to its transfer under any of the provisions of the Act, but he challenges the order of Mr. Muhammad Rafique on the ground that if the property had been put to auction, he would have been able to bid at the auction and benefit by expanding the premises of his Chakki, which was adjacent to the premises of S. P. Engineering Works. The question, therefore arises whether the petitioner is an aggrieved party and thus entitled to institute this petition under Article 98 of the Constitution of Islamic Republic of Pakistan,.

4. The learned counsel for the petitioner in contending that the petitioner was an aggrieved party, relied on The King v. Richmond Confirming Authority Ex parte Howitt ((1921) 1 K B D 248), which holds that having this much particular interest that he was carrying on business as a licensee m the premises and was thus entitled to appear before the justices, had a real interest in their decision and was, therefore, an aggrieved party. In this case reference was also made to Reg. v. Surrey Justices ((1870) L R 5 Q B 466), which had held that though certiorari is not a writ of course, yet as the applicant had by reasons of his local situation, a peculiar grievance of his own, and .was not merely applying as one of the public, he was entitled to the writ ex debito justitiae. The learned counsel for the petitioner relied in particular on this case and contended that the petitioner had a peculiar and particular interest in so far as the premises of the Chakki transferred to him were adjacent to the premises of the‑S. P. Engineering Works, and he was entitled to insist that the auction of the premises should be held, the transfer to the respondent being illegal. 5: These cases are of no help to the petitioner, because he cannot be said to be aggrieved by the transfer of the premises, in which he had no right or interest, much less particular interest, and to the transfer of which he was not entitled under the Act. He was not even entitled to appear as a party in the matter of transfer of those premises and had at best no more interest than that of the general public.

6. An exhaustive definition of the term "aggrieved party" will not be attempted, but a party can not be said to be aggrieved if his rights or interest are not adversely affected or if he suffers no loss or injury by a particular order. The petitioner cannot be said to have 'suffered in any way by the transfer of the premises to the respondents Nos. 1 and

2. Inl Reg. v. Nicholson ((1899) 2 Q B 455), it was held that assuming certiorari to be the fitting remedy, as a matter of discretion, certiorari ought not to go firstly on the ground of delay and secondly because the applicants had not shown, as they should have shown, that they had peculiar grievance of their own, beyond some inconvenience suffered by them in common with the rest of the public. What is necessary; therefore, to prove for a party who comes to this Court is that he has a peculiar grievance of his own and not merely an inconvenience, which he has suffered in common with the rest of the public.

7. The petitioner not being an aggrieved party and not having a right to institute this petition, this writ petition, is dismissed with costs. K. E. A. Petition dismissed.