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MAULA BAKHSH versus CHAIRMAIN, EVACUEE TRUST PROPERTY BOARD


Article 199 (1) (a) (ii) Declaration of Act without authorization The Administrator's Evacuee Trust Board rejects the challenging notice and appeal request to the Appellant in respect of the interest filed by the limousine petitioner in filing interest. Applied for announcement of trust administrator's order. An earlier order violated the provisions of the relevant scheme order but an appeal was filed before the District Judge's lawyer for granting a trust in respect of the appellant. I: The KG review application should be dealt with in accordance with the law when necessary. District Judge and Trustee take legal action to overlook powers of district judge and trust authorities, dismissing appeal, instructing chairman of trustee to suspend review request after hearing of appellate trust board Works without the discrimination dismissal order.

1981 C L C 1210

[Karachi]

Before S. A. Nusrat and Abdul Kadir Shaikh, JJ

MAULA BAKHSH AND ANOTHER‑Petitioners

versus

CHAIRMAN, EVACUEE TRUST PROPERTY BOARD AND 2 OTHERS ----

Respondents

Constitutional Petition No. 1715 of 1978, decided on 15th May, 1979.

Constitution of Pakistan (1973)‑---------

---------‑ Art. 199 (1) (a) (ii)‑‑.Declaration of act without authority‑Adminis trator Evacuee Trust Board dismissing appeal challenging notice and review application in limine‑Petitioner's predecessor‑in‑interest filing civil suit for declaration of order of Administrator of Evacuee Trust Property being in violation of provisions of relevant Scheme‑‑Order of injunction first issued but later vacated‑Appeal being filed before '"' District Judge counsel for trust giving undertaking as to appellant's I:..KG review application having to be disposed of according to law after necessary hearing‑District Judge resultantly dismissing appeal directing Chairman of Trust to dispose of review application after hearing appellant‑Trust Board, held, acted without lawful authority in disregard ing undertaking given by their counsel and order of District Judge and Trust authorities devoid of jurisdiction to issue impugned ejectment order‑Proper remedy for petitioner, however, held, still lies with Chair man of Board due to his being legally bound to dispose of review application not yet disposed of.‑[Jurisdiction].

Makhdoomzada Syed Tanweer for Petitioners.

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