Law: Constitution of Pakistan, 1973

Section: 199

(a) West Pakistan Consolidation of Holdings Ordinance (VI of 1960)-- ----S. 10--- Constitution of Pakistan, Art. 199--- Constitutional petition---Laches, principle of---Applicability---Consolidation scheme---Objections were aggrieved of order directing Consolidation Officer to amend Consolidation Scheme---Validity---Constitutional petition before High Court was filed after lapse of 1 year and 2 months without explaining any convincing and reasonable cause of inordinate delay therefore, principle of laches was applicable---Matter in issue pertained to consolidation proceedings which contained factual controversy and the same could not be resolved in Constitutional jurisdiction---High Court declined to re-appraise such factual controversy in its Constitutional jurisdiction, as High Court could not sit as an appellate Court against concurrent decisions of Consolidation Revenue Authorities---Order in question was made by Consolidation Authorities with regard to allocation of land and it was not fit to be agitated in Constitutional jurisdiction---Allocation and demarcation of land was left open for domain of Consolidation Officer and High Court in exercise of Art. 199 of the Constitution should not reappraise such factual controversies but should concern itself only with legality of orders and not its propriety---Constitutional petition was dismissed in circumstances. Mubarik Ali and others v. The Settlement and Rehabilitation Commissioner, Lahore and others 1968 SCMR 1235; Ghulam Rasool and others v. Member (Consolidation), Board of Revenue and others 2004 SCMR 587; Manzoor Hussain and others v. Member (Judicial-II), Board of Revenue and others 2006 SCMR 951; Muhammad Hayat and others v. Member (Consolidation) Board of Revenue and others 2007 SCMR 1950; Ghulam Qadir v. Member Board of Revenue, West Pakistan, Lahore and 4 others 1970 SCMR 292; Allah Rehman and others v. Amtul Qayyum and another 1989 SCMR 1817 and Asad Riaz v. Member Board of Revenue, Punjab, Lahore and 4 others 1997 SCMR 1611 rel. (b) Administration of justice--- ----Delay in seeking remedy---Effect---Each and every legal remedy of aggrieved person against an order is time specific---After expiry of…

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