PIR GHULAM vs PROVINCE OF BALUCHISTAN
This petition for special leave to appeal challenged a judgment of the High Court of Baluchistan, which had dismissed a constitutional petition against an eviction order from a government quarter. The petitioner, who was residing in the premises following the death of the original allottee, Taimur Khan, argued that as a low-paid government servant, he was entitled to residential accommodation. The Civil Estate Officer had issued the eviction order under the Baluchistan Governing Lands and Buildings (Recovery and Possession) Ordinance, 1956. The Supreme Court held that the petitioner failed to demonstrate any legal right to possess the property. The Court affirmed that the petitioner's status as a government servant did not grant him a legal entitlement to occupy the specific quarter in question, nor did it provide a valid ground for challenging the eviction order in constitutional jurisdiction. Consequently, the petition was dismissed, with the Court noting that the petitioner's plea for accommodation should be addressed to the relevant administrative department rather than the judiciary.
- Does a government servant have a legal right to retain possession of government accommodation solely on the basis of being a low-paid employee?
- Can a constitutional petition be maintained against an eviction order where the petitioner lacks a legal right to the possession of the property?
- Is the plea for residential accommodation by a government servant a valid ground for challenging an eviction order in a court of law?
- Section 5(1), Baluchistan Governing Lands and Buildings (Recovery and Possession) Ordinance, 1956
ORDER
1. ABDUL KADIR SHAIKH, J.-This is a petition for special leave to appeal from the judgment of the High Court of Baluchistan dated 22-3-1981 dismissing Constitutional Petition No. 54 of 1981 filed by the petitioner whereby he sought to challenge the order of his eviction from Quarter No. H-37, Wahdat Colony, Quetta On his own showing the quarter was not allotted to the petitioner, but he was living there with Taimur Khan, Head Constable Excise & Taxation Department, Quetta, who died on 31-1- 1981. The Civil Estate Officer, Quetta, therefore, directed the petitioner under the powe conferred under subsection (1) of section 5 of the Baluchistan Governing Lands and Buildings (Recovery and Possession) Ordinance, 1956 to vacate the quarter. Petitioner's challenge to this order before the High Court in its Constitutional jurisdiction rightly failed for the reason that he has no legal right to the possession of the quarter.
2. The petitioner who argued personally in support of this petition had nothing to show by way of a legal right to remain possession of the quarter, he, however, submitted that being a low paid Government Servant he is entitled to a residential accommodation.
3. This is a plea which the petitioner may address to the officer concerned in the relevant Department but is not available to him for seeking special leave to appeal from the judgment of the High Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.