Case Details

Citation(s)
2015 SLG 2118 2015 SLD 2118 2015 YLR 1518
Lahore High Court
Writ Petition No. 735 of 2006, heard on 19th November, 2014
SHAHID KARIM, J
Umer Sharif for Petitioners. Muhammad Younis Chaudhry for
Respondents

CHAIRMAN WAPDA, WAPDA HOUSE, Lahore and 3 others

VS

Messrs MEGNA TECH (PVT.) LTD. through Director and 2 others

Law:

Section:

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Laches, doctrine of---Applicability---Electric Inspector and Advisory Board decided the matter against petitioner vide their orders dated 6-3-2003 and 18-10-2003, respectively, which orders were assailed by petitioner in year, 2006---Validity---Doctrine of laches was developed by superior Courts to regulate their jurisdiction to have petition dismissed on the threshold---Doctrine was based upon equity and had allowed High Court to non-suit a person on its basis, if it found a party guilty of contumacy, indolence, inaction, laxity or gross negligence in prosecution of a case---Petition was filed two years and two months after the decision of Advisory Board---No compelling reasons were put forth to justify laches, therefore, petition must fail on account of laches---High Court upheld the decision made by Advisory Board as the same was valid and suffered from no jurisdictional defect or error of law, which did not call for judicial review---Petition was dismissed in circumstances. Messrs Sheikh Spinning Mills Ltd. through Office Manager v. Government of Punjab, Irrigation and Power Department through Secretary and 5 others PLD 2006 Lah. 603; Water and Power Development Authority, through its Chairman v. Barkat Ali and 2 others 1995 CLC 654 and The State through National Accountability Bureau Islamabad v. Haji Nasim-ur-Rehman PLD 2005 SC 270 distinguished. S.A. Jameel v. Secretary to the Government of the Punjab, Cooperative Department and others 2005 SCMR 126 rel. JUDGMENT SHAHID KARIM, J.---This Constitutional petition challenges the orders passed by the Electric Inspector dated 6-3-2003 and the Advisory Board dated 18-10-2003 whereby the appeal filed by the petitioner against the impugned order dated 6-3-2003 was dismissed. The Relevant Facts: 2. The facts have been given in the petition and the parties are not at loggerheads over them. They are stated thus:-- "On 21-8-2002 a team of Director General Surveillance constituted by the petitioner raided the premises of the respondent No.1 and found the meter installed on the said premises dead at one phase. After checking of meter by M&T Wing…
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