Article 199(1)(a)(ii) of the Constitution deals with the writ of certiorari, which can be issued in the following circumstances:

 PLD 2023 Lahore 536

"Writ of Certiorari".

Article 199(1)(a)(ii) of the Constitution deals with the writ of certiorari, which can be issued in the following circumstances: -

(i) when an inferior Court or tribunal acts without jurisdiction or in excess of it or fails to exercise it.

(ii) when the Court or tribunal acts illegally in the exercise of its undoubted jurisdiction, as when it decides without giving an opportunity to the parties to be heard, or violates the principles of natural justice.

(iii) if there is an error apparent on the face of the record.

Impugned action of cancellation of lease is founded on a public purpose and "lease property" is not the only property, which has been earmarked for the said purpose. As already observed that powers are vested with the Federal Government to take over the possession of any evacuee property for the public purpose, so the determination of suitability of property clearly vests with the executive/government. No fetters can be put to the powers of the executive to utilize such property for public welfare only on the whims and caprice of the lessee. Needless to observe that this whole exercise will not cause prejudice to the rights, if any, of respondent No.7 as the "lease property" is now no more available. The nutshell of above discussion is that under the circumstances impugned order of cancellation of lease of the petitioner cannot be termed as without lawful authority as per contemplation of Article 199(1)(a)(ii) of the Constitution.