2006 PLP 148 (MLD)
Mirza BASHIR AHMED and another — Petitioners Versus HABIB and 6 others — Respondents
| Citation | 2006 PLP 148 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | Mirza BASHIR AHMED and another — Petitioners Versus HABIB and 6 others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2006 PLP 148 (MLD)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 148 (MLD)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 148 (MLD) (Mirza BASHIR AHMED and another — Petitioners Versus HABIB and 6 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- D.M. Lohano for Petitioners.
- Masood A. Noorani, Additional A.-G. for Respondents Nos.2 to 7.
- Ghulam Rasool Qureshi for Respondent No. 1.
- We have heard Mr. D.M. Lohano, learned counsel for the petitioner and Mr. Ghulam Rasool Qureshi, learned counsel for respondent No.1. Mr. Masood A. Noorani, learned Additional A.-G., advanced arguments on behalf of the Provincial Government.
Headnotes / Summary
Art. 199
Discretionary
Concealment of material facts from Court
Consequence
Coming to the Court with the unclean hands
Land was granted to the petitioners and one of the respondents by the Colonization Officer
Appeal filed by one of the petitioners challenging the grant to the extent of the said respondent was dismissed by the Additional Commissioner; --Further appeal before the Board of Revenue was unsuccessful and order of the Additional Commissioner was upheld
Constitutional petition was filed by the petitioners to have the order of the Board of Revenue declared as void and without lawful authority
Petitioners before filing the constitutional petition had already filed a review application before the Board of Revenue under S.8 of the West Pakistan Board of Revenue Act, 1967 whereby relief being prayed in the constitutional petition had already been granted
Fact of filing of the review application was not disclosed in the constitutional petition
Effect
Relief claimed under Art. 199 of the Constitution was a discretionary relief and could not be granted as a, matter of right
Person disentitles himself from relief, when he approaches the Court with unclean hands
Since in the instant case the petitioner, had concealed material facts, therefore, it had come to the, Court with unclean hands and was not entitled to any relief
Constitutional petition was dismissed in circumstances.
Judgment & Decree
MUHAMMAD MOOSA K. LEGHARI, J.
This petition is directed against the order dated 17-8-1992 passed by learned Member (Judicial) Board of Revenue, Sindh Hyderabad who vide the said order dismissed the appeal of one Khalil Ahmed and upheld the order passed by Additional Commissioner-II Hyderabad. The petitioner has, inter alia, prayed that the impugned order be declared void and without lawful authority. Precisely the facts of the case are that both the petitioners along with respondent No.1 were granted land by Colonization Officer Sukkur Barrage Hyderabad, vide order dated 20-10-1991. The grant in favour of grantee Habib Ahmed was challenged by one of the petitioners Khalil Ahmed before the Additional Commissioner-II Hyderabad, who dismissed the appeal. The said order was assailed before the Member (Judicial) Board of Revenue Sindh, Hyderabad, who passed the impugned order. We have heard Mr. D.M. Lohano, learned counsel for the petitioner and Mr. Ghulam Rasool Qureshi, learned counsel for respondent No.1. Mr. Masood A. Noorani, learned Additional A.-G., advanced arguments on behalf of the Provincial Government. During the arguments it was pointed out to us that after passing of the impugned order a Review Application was filed by the petitioners before the same authority under section 8 of the Board of Revenue Act, whereupon an order was passed and the relief claimed by the petitioners in this petition was granted inasmuch as that in review the orders passed by the Additional Commissioner and Deputy Commissioner Mirpurkhas were set-aside. It was further pointed out that the factum with regard to the filing of Review Application was neither disclosed in the petition nor the copy of the order passed thereon was annexed. Mr. D.M. Lohano, learned counsel for the petitioners candidly admitted the. above position. It need not be emphasized that the relief claimed under Article 199 of the Constitution of Islamic Republic of Pakistan, is a discretionary relief and could not be granted as a matter of right. More particularly a petitioner renders himself disentitled, if in case he approaches the Court with unclean hands. Since the petitioner concealed the material facts, and came to the Court with soiled hands, his petition is bound to fail. We do not see any straightforward justification to interfere in the matter by exercising Constitutional jurisdiction. For the above reasons the petition is dismissed along with the listed application. M.A.W. /B-32/K???????????????????????????????????????????? Petition dismissed.