1985 PLP 1774 (SCMR)
IBRAHIM and others — Petitioners Versus ASSISTANT COMMISSIONER/ COLLECTOR,
| Citation | 1985 PLP 1774 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain and M.S.H. Quraishi, JJ |
| Parties | IBRAHIM and others — Petitioners Versus ASSISTANT COMMISSIONER/ COLLECTOR, |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1985 PLP 1774 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1985 PLP 1774 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain and M.S.H. Quraishi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1985 PLP 1774 (SCMR) (IBRAHIM and others — Petitioners Versus ASSISTANT COMMISSIONER/ COLLECTOR,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Kamal Mustafa Bokhary, Advocate Supreme Court and M. A. Qureshi for Advocate-on-Record for Petitioners.
- Tanvir Ahmad, Advocate-on-Record for Respondent No. 6. Shah Muhammad Shahi for Respondents Nos. 11 to 13 (in C.P. No. 1080 of 1984).
- Nemo for others for Respondents (in both the Petitions).
- Date of hearing: 5th June, 1985.
- Kamal Mustafa Bokhary, Advocate Supreme Court and M. A. Qureshi for Advocate‑on‑Record for Petitioners.
- Tanvir Ahmad, Advocate‑on‑Record for Respondent No. 6. Shah Muhammad Shahi for Respondents Nos. 11 to 13 (in C.P. No. 1080 of 1984).
Headnotes / Summary
Art. 185(3)--Petition for leave to appeal--Delay, condonation of- Petition barred by 843 days--Petitioner had pursued wrong remedy in wrong forum--No sufficient ground for condonation of delay shown- Petition dismissed.
Judgment & Decree
Tanvir Ahmad, Advocate‑on‑Record for Respondent No.
6. Shah Muhammad Shahi for Respondents Nos. 11 to 13 (in C.P. No. 1080 of 1984). Nemo for others for Respondents (in both the Petitions). Date of hearing: 5th June, 1985. ASLAM RIAZ HUSSAIN, J.‑‑This order will dispose of (i) C.P.S. L.A. No. 1078/84 filed by Ibrahim etc.; and (ii) C.P.S.L.A. No. 1080/84, filed by Muhammad Ayub etc., as they involve the same question and against the same order of the High Court, dated 22‑5‑1982 dismissing their writ petitions in settlement matters.
2. The aforementioned judgments were challenged by petitioners in both the petitions through I . C . As. , which were dismissed on the ground that I.C.As. did not lie in view of the provisions of section 3(2) of the Law Reforms Ordinance of 1972.
3. In their petitions the petitioners have only challenged the dismissal of their writ petitions by the High Court, but before us the learned counsel attempted to show that I.C.As., in fact, lay in the case in hand. But on examining the matter we find ourselves in respectful agreement with the view taken by the High Court namely that the I.C.As. did not lie in these cases.
4. As for the impugned orders of the High Court dismissing petitioners' writ petitions the same are barred by as many as 843 days. We find that the petitioners had pursued the wrong remedy in the wrong forum and no sufficient ground has been shown for condonation of the delay. Both the petitions are, therefore, dismissed. M. B. A. Petitions dismissed.