1987 PLP 1468 (SCMR)
NIAMAT KHAN and another‑‑Petitioners Versus THE STATE through Enforcement Staff, Evacuee Property, Lahore and others Respondents
| Citation | 1987 PLP 1468 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain and Saad Saood Jan, JJ |
| Parties | NIAMAT KHAN and another‑‑Petitioners Versus THE STATE through Enforcement Staff, Evacuee Property, Lahore and others Respondents |
| Primary Law | Constitution of Pakistan (1973)‑‑ |
Q1: What are the key laws and sections cited in 1987 PLP 1468 (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 1468 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 1468 (SCMR) (NIAMAT KHAN and another‑‑Petitioners Versus THE STATE through Enforcement Staff, Evacuee Property, Lahore and others Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- A.R. Shaukat, Advocate Supreme Court and Ch. Muhammad Aslam, Advocate‑on‑Record for Petitioners.
- Nemo for Respondents.
Headnotes / Summary
(On appeal from the judgment of the Lahore High Court, Lahore, dated 15‑3‑1987 in Writ Petition No. 168‑R of 1979). ‑‑‑Arts. 185(3) & 199‑‑Leave to appeal‑‑Earlier Constitutional petition dismissed by High Court for non‑prosecution‑‑Applications for restoration of petition also dismissed in default‑‑High Court declined to entertain subsequently filed constitutional petition on the same matter and same cause of action on ground that petitioners had been grossly negligent in pursuing the earlier writ petition and applications for restoration thereof‑‑Constitutional jurisdiction of High Court being that of a discretionary nature and the Court having given substantial reasons for not entertaining the second petition, leave to appeal was refused.
Judgment & Decree
SAAD SAOOD JAN, J.‑‑This petition for special leave to appeal is from the order dated 15‑3‑1987 of the Lahore High Court, Lahore whereby the constitutional petition of the petitioners from the orders of the settlement authorities was dismissed.
2. Prior to the filing of the present writ petition the petitioners had filed another writ petition (W.P. No. 43‑R/75) which was dismissed on 6‑5‑1975 for want of prosecution as well as for failure on the part of the petitioners to deposit the process‑fee. On 21‑6‑1975 they moved an application for restoration of the writ petition but it was dismissed in default on 3‑7‑1975. They then filed another application for the restoration of the writ petition but before it could come up for hearing they filed the present constitutional petition. On 28‑2‑1979 they withdrew the application for the restoration of the earlier writ petition. The High Court declined to entertain the present constitutional petition inter alia on the ground that the petitioners had been grossly negligent in pursuing the earlier writ petition and the applications for the restoration thereof.
3. It is to be noticed that the constitutional jurisdiction of the High Court is of a discretionay nature and the High Court has given substantial reasons for not entertaining the second constitutional petition. We are therefore not prepared to interfere with the order of the High Court. The petition is accordingly dismissed. A . A . / N‑19 / S Petition dismissed.