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AHMAD DEVELOPERS versus MUHAMMAD SALEH


Section 3 Constitution of Pakistan (1973), Arts 199 and 185 (3) Constitutional application by the High Court before the allotment of land, cancellation of the petitioner's favor in the aftermath of the allotment, and the reason for his relief. The petitioner could not be persuaded to sell the dispute land on the case, since the petitioner could not agree to withdraw such an application from him, so the private respondent first had to establish his contractual rights against the applicant and only then the private respondent The applicant could not allow the matter to be withdrawn. An applicant may be sued for breach of such agreement. It has been held that the department is privy to such an agreement or that the factual dispute of a matter with a private defendant could have been settled only through a civil suit and not before such a High Court in the constitutional jurisdiction. The respondents were repatriated under the circumstances and were refused

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