| Citation(s) |
|---|
| 2016 SLG 1970 2016 SLD 1970 2016 SCP |
Supreme Court of Pakistan
CIVIL PETITION No. 1067 OF 2016, 6/6/2016
MR., JUSTICE EJAZ AFZAL KHAN AND MR., JUSTICE QAZI FAEZ ISA, JJ
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CIVIL PETITION No. 1067 OF 2016, 6/6/2016
MR., JUSTICE EJAZ AFZAL KHAN AND MR., JUSTICE QAZI FAEZ ISA, JJ
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The Federation Of Pakistan Through Secretary, Ministry Of National Food Security And Research, Islamabad
VS
Agritech Limited And Others
Law:
Section:
Keywords: Result: Appeal Disposed Of JUDGMENT QAZI FAEZ ISA, J-. The Federation of Pakistan through Secretary, Ministry of National Food Security and Research, Islamabad has belatedly filed this petition, nineteen days after the prescribed period of limitation, assailing the judgment dated 23rd December 2015 of a Division Bench of the Peshawar High Court, Peshawar, whereby the petition filed by the respondent No. 1 and 2 was disposed of. Civil Miscellaneous Application No. 2485 of 2016 2. Through this application the delay in filing of the petition is sought to be condoned. This Civil Petition No. 1067 of 2016 was filed on 8th April 2016 assailing the impugned judgment dated 23rd December 2015, certified copy whereof was provided to the petitioner on 20th January 2016. The office has noted that the petition is barred by nineteen days. Mr. Sajid Ilyas Bhatti, the learned Deputy Attorney General for Pakistan ("DAG"), stated that the delay was neither wilful nor deliberate and occurred for factors completely beyond the control of the petitioner. The reason for the delay in filing the petition and the basis for seeking it to be condoned is contained in paragraph 2 of the said application, which is reproduced as under: "2. That the competent authority Mr. Seerat Asghar, the Secretary of the Department has been retired on 14.01.2016. The post remained vacant till ___ [left blank] when the present Secretary took over the charge and issued the direction to file the present CPLA after the examining the relevant record then the Department started processing and after fulfilling the required formalities now the present CPLA is being filed with certain delay." The learned DAG placed reliance upon the case of Government of Punjab v Muhammad Rafique Shah (2013 SCMR 1468) to support his contention that since the matter was of public importance the delay, as in the cited precedent, may be condoned. 3. Mr. Salman Akam Raja, the learned counsel for the respondent Nos. 1 and 2, has strongly opposed the application and stated that no reason whatsoever has been given to condone delay; that the retirement of Secretary of the Department was not an unforeseen event; that upon hisβ¦
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