Wafaqi Mohtasib

2012 PLD 13 ISLAMABAD Judicial Precedent

Art. 9Constitution of Pakistan, Art. 199Constitutional petitionMaintainabilityWafaqi MohtasibJurisdictionDecision on rights

Plot in question was cancelled on 22-12-1981 and petitioner filed complaint/representation before Wafaqi Mohtasib (Ombudsman) on 6-4-1994

Wafaqi Mohtasib accepted application of petitioner vide order dated 25-9-1994 and appeal against that order was accepted by the President vide letter dated 22-7-1998

Petitioner instead of assailing order of the President passed in appeal, assailed letter of Capital Development Authority, wherein letter regarding order of the President was mentioned

Validity

Letter from Capital Development Authority was not the order of the President, therefore, constitutional petition was not maintainable

Issue regarding rights of the parties could not come within the ambit of "mal-administration"

Wafaqi Mohtasib had the authority to adjudicate upon the matters regarding mal-administration, therefore, order of Wafaqi Mohtasib, deciding rights of parties was without jurisdiction

No contract was executed and a clause of agreement provided that Capital Development Authority had authority to terminate the agreement, order of termination was, therefore, in accordance with terms of agreement and legal

Petitioner was returned his amount, which he had received after about thirteen years

Petitioner approached Wafaqi Mohtasib, which meant that for a long period, petitioner not only remained silent, rather accepted order regarding termination of agreement

High Court declined to grant relief to the petitioner as claimed by him

Petition was dismissed in circumstances.