1987 PLP 24 (SCMR)
MUHAMMAD YAQOOB KHAN‑‑Petitioner Versus MEMBER BOARD OF REVENUE/CHIEF SETTLEMENT COMMISSIONER, LAHORE and others‑‑Respondents
| Citation | 1987 PLP 24 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Nasim Hasan Shah, JJ |
| Parties | MUHAMMAD YAQOOB KHAN‑‑Petitioner Versus MEMBER BOARD OF REVENUE/CHIEF SETTLEMENT COMMISSIONER, LAHORE and others‑‑Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1987 PLP 24 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 24 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Nasim Hasan Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 24 (SCMR) (MUHAMMAD YAQOOB KHAN‑‑Petitioner Versus MEMBER BOARD OF REVENUE/CHIEF SETTLEMENT COMMISSIONER, LAHORE and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S. Jamil Hussain Rizvi, Senior Advocate, Kh. Khurshid Senior Advocate, S. Ali Imam Naqvi, Advocate‑on‑Record for Petitioner.
- A.R. Sheikh, Senior Advocate, Muhammad Aslam, Advocate‑on -Record for Respondents 3 and 4.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, dated 29‑3‑1981 in W.P. No. 183/R of 1981). ‑‑‑Arts. 185(3) & 199‑‑Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10 & Sched.‑‑Laches‑‑Evacuee property auctioned in 1972‑‑Auction challenged by way of writ petition in 1981‑‑Writ dismissed on ground of laches‑‑Petitioner on his own application impleaded in Supreme Court as a party in an appeal filed by another party and such appeal disposed of on account of compromise between said other party and respondents in February, 1981‑‑Writ petition filed by petitioner in High Court on 23‑3‑1981 dismissed on ground of laches‑‑Leave to appeal granted to examine whether conduct of petitioner was such that his writ petition could have been dismissed on ground of laches.
Judgment & Decree
‑‑‑Arts. 185(3) & 199‑‑Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10 & Sched.‑‑Laches‑‑Evacuee property auctioned in 1972‑‑Auction challenged by way of writ petition in 1981‑‑Writ dismissed on ground of laches‑‑Petitioner on his own application impleaded in Supreme Court as a party in an appeal filed by another party and such appeal disposed of on account of compromise between said other party and respondents in February, 1981‑‑Writ petition filed by petitioner in High Court on 23‑3‑1981 dismissed on ground of laches‑‑Leave to appeal granted to examine whether conduct of petitioner was such that his writ petition could have been dismissed on ground of laches. S. Jamil Hussain Rizvi, Senior Advocate, Kh. Khurshid Senior Advocate, S. Ali Imam Naqvi, Advocate‑on‑Record for Petitioner. A.R. Sheikh, Senior Advocate, Muhammad Aslam, Advocate‑on -Record for Respondents 3 and
4. MUHAMMAD AFZAL ZULLAH, J.‑‑ Leave to appeal has been sought from judgment of the Lahore High Court dated 29‑3‑1981, whereby a constitutional petition arising out of an urban settlement case was dismissed in limine on ground of laches. The case has a long history, but in view of the sole ground on which the writ was dismissed being one of laches it is not necessary to give all the details of the proceedings. The fact which is relevant to the question of laches and was noticed by the High Court is that the property having been auctioned in 1972, the petitioner failed to assail its transfer, for nearly a decade. After hearing the learned counsel for the' petitioner and of the caveators, we considered it a fit case for examination as to whether the conduct of the petitioner was such that his writ petition should have been dismissed on ground of laches inasmuch as it is not denied that he on his own application was impleaded in the Supreme Court as a party in an appeal filed by another party; and, this appeal was disposed of on account of a compromise between the said other party and the respondents in February, 1981; while the writ petition out of which the present petition has arisen was filed in the High Court on 22‑3‑1981. We accordingly allow this petition and grant leave to appeal. Security Rs.2,
000. The interim order for maintenance of status quo earlier passed shall continue. The appeal shall be made ready on the present record with liberty to the parties to file additional documents, if necessary. S.Q. Leave petition allowed.