BRIG. (R.) AZIZ MUHAMMAD KHAN versus SECRETARY, MINISTRY OF DEFENCE, GOVERNMENT OF PAKISTAN
Article 199 (1) (a) (i) The writing of mandamus, the issuance of the requisite legal right is the basis of mandamus writ and the applicant has to become a grieving applicant, in order to be successful in obtaining relief. The mandamus writ must satisfy the court that it has the legal right to compel the duties and, against whom the right is sought, to perform that duty under a legal obligation. That is, the constitutional jurisdiction cannot be exercised in favor of discretion. An applicant who cannot avail himself of the order by the court petitioner not to be a grieving party within the meaning of Article 199 (1) (a) (i) of the Constitution of Pakistan, the petition filed by him is not worth hearing. Was
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