Constitutional ptitiion

2017 CLC 962 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 10(2)Constitution of Pakistan, Art.199Constitutional ptitiionLeaseRenewal ofFresh applicationRequirement"Competent authority"Determination

Competent authority was Member (Colonies) Board of Revenue who was to adjudicate the matter with regard to grant or re-grant of lease

Matter was still pending before the Member (Colonies) Board of Revenue and had not culminated into a finding

Member, Board of Revenue would act on the recommendations of the Ministry of Defence to allot or resume the stud land

Such fact did not ipso facto take away the power from the Member (Colonies) Board of Revenue to adjudicate the matter and to return a final determination in that regard

Recommendations might come from the Ministry of Defence but the final order had to be passed by the Member (Colonies) Board of Revenue

Member (Colonies) Board of Revenue was directed to decide the matter within a specified period

Constitutional petition was allowed in circumstances.