AZIZULLAH KHAN vs GOVERNMENT OF PAKISTAN and 4 others
This petition for leave to appeal arose from a High Court judgment dismissing a constitutional petition challenging the installation of a petrol/diesel pump. The core legal question addressed was whether the petitioner possessed the requisite locus standi to invoke the High Court's writ jurisdiction to challenge the administrative decision regarding the installation of the pump. The Supreme Court upheld the High Court's decision, affirming that the petitioner lacked the necessary locus standi to maintain the challenge in the writ jurisdiction. The Court held that the petitioner's remedy lay in agitating the grievance before the relevant administrative authorities or government agencies. The ratio established is that a party lacking locus standi cannot invoke writ jurisdiction to challenge administrative actions such as the installation of a petrol pump, and must instead exhaust administrative remedies before seeking judicial intervention, provided that any subsequent adverse order may then be challenged in accordance with the law.
- Does a petitioner have locus standi to challenge the installation of a petrol pump in writ jurisdiction?
- Is it necessary to approach administrative authorities before invoking writ jurisdiction against the installation of a petrol pump?
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.-- After hearing the representative of the petitioner we agree with the High Court that the petitioner had no locus standi in the High Court in its writ jurisdiction, to challenge the installation of the petrol/diesel pump in question. It, however, observed that the petitioner can agitate the matter before the other concerned authorities including the A Government functionaries/agencies. If and when an order adverse to him is passed which can be brought under challenge before a Court of law; he may then do so in accordance with law. With these observations this petition is dismissed.