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Civil Petition for Special Leave to Appeal No. 167 of 1968, decided on 20th June 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 25th January 1968, in Writ Petition No. 610 of 1960).
Art. 98‑Whether order passed in exercise of executive powers of Provincial Government open to review in writ jurisdiction‑Special Leave to Appeal granted by Supreme Court.
Anjuman Ahmedia v. D. C. Sargodha P L D 1966 S C 639 ref.
Mian Fazl‑e‑Mahmood, Advocate Supreme Court instructed by Syed Wajid Hussain, Senior Attorney for Petitioner.
Nemo for Respondents.
Date of hearing : 20th June 1968.
Leave to appeal is granted to consider whether under Article .170 of the 1956 Constitution read with Article 11 (4) of the Laws (Continuance in Force) Order, 1958, the High Court had jurisdiction to quash the order of the Urban Rehabilitation Officer cancelling the permanent allotment of Quarter No. 5/19, Sodiwal, Lahore, in favour of the respondent No. 1. It is contended that the impugned order ‑was not made in pursuance to any statutory powers, but in the exercise of the executive powers of the Provincial Government which is not open to review in writ jurisdiction. The decision in the case of Anjuman Ahmedia v. D. C. Sargodha (P L D 1966 S C 639) is distinguished ‑on this ground. Security‑Rs.1,000.
Leave granted.
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