Case Details

Citation(s)
2003 SLG 940 2003 SLD 940 2003 SCMR 728
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 3863/L of 2001, decided on 28th February, 2002. (On Appeal from the judgment, dated 31-10-2001 of the Lahore High Court, Lahore, passed in Writ Petition No. 7495 of 1996)
MUNIR A. SHEIKH, TANVIR AHMED KHAN AND FAQIR MUHAMMAD KHOKHAR, JJ
Shahid Hussain Kadri, Advocate Supreme Court with Tanvir Ahmed, Advocate-on-Record for Petitioner. Nemo for
Respondents

MUHAMMAD YOUSAF

VS

SECRETARY IRRIGATION, GOVERNMENT OF THE PUNJAB and others

Law: Constitution of Pakistan, 1973

Section: 185(3),199

Constitution of Pakistan (1973)--- ----Arts.185(3) & 199---Constitutional petition---Closing of Tubewell SCARP Scheme---Grievance of the petitioner was that the act of Authorities of closing the Tubewell Scheme was mala fide---Authorities contended that the Tubewell under SCARP Scheme was installed to provide water for cultivation purposes as alternate, arrangement had been achieved, therefore, the same was closed---Validity---Act of Authorities of closing the tubewell was not mala fide---High Court had rightly dismissed the Constitutional petition---Judgment passed by High Court did not suffer from any legal infirmity calling interference by Supreme Court---Leave to appeal was refused. JUDGMENT MUNIR, A. SHEIKH, J.---The Constitutional Petition filed by the petitioner praying that the respondents be restrained from closing the tubewell under the SCARP Scheme has been dismissed through the impugned judgment, dated 31-10-2001. In the impugned judgment it has been observed that on 7-11-2000 the learned counsel for the petitioner made an offer to the respondents to purchase the said tubewell, therefore, the tubewell was ordered to be allowed to continue to operate till the petitioner would make an application to purchase the same. When the case was taken up after about a year i.e. on 31-10-2001 it transpired that the…
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