Law:

Section:

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Writ petition---Limitation---Laches, principle of---Scope---Writ petition having been filed after more than 5 months of the issuance of impugned notification, principle of laches was fully attracted in the case, when no explanation was given by the petitioner for that delay in filing the petition---Writ petition being hit by laches, was dismissed, in circumstances. Kh. Maqbool Ahmed v. AK Government and others 2011 SCR 66; Azad Government of the State of J&K and others v. Haji Summandar Khan and others 1995 MLD 1350; Shamas Din v. Aman Ullah and 3 others PLD 1987 Lah. 471; Ghiasul Haq and others v. Azad Government of the State of Jammu and Kashmir and others PLD 1980 SC AJK 5; Raja Naveed Hussain Khan and others v. Qazi Khalil-ur-Rehman and others 1994 SCR 267; Ejaz Ahmed Awan and 5 others v. Syed Manzoor Ali Shah and 5 others 1999 PLC (C.S.) 1439; Raja Muhammad Sohrab v. AJ&K Government and 6 others 2002 PLC (C.S.) 1138 and Munir Hussain Shah v. Secretary Forest Department Azad Government of the State of J&K Muzaffarabad and another 1993 PLC (C.S.) 1153 ref. ORDER M. TABBASUM AFTAB ALVI, J.---The supra titled writ petition has been addressed under section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974 whereby following relief is solicited by the petitioner:-- "It is, therefore, most humbly prayed that by accepting the instant petition an appropriate writ may kindly be granted; (i) directing the respondent No.1 to issue the promotion notification of the petitioner in grade BPS-20 for which Selection Board No.1 has approved the petitioner to be eligible for promotion; (ii) declaring the Notification No.S&GAD/ H-1(35)/ (2001) (Gazatted-I) dated 14-6-2011 whereby a sub-committee constituted to judge the precedent/verdict of Selection Board No.1 is without having legal backing, malicious, capricious, discriminatory, arbitrary, political motivated liable to be struck down as without lawful authority against the service laws; (iii) any other relief which this hon'ble Court deems fit may also be granted." 2. Precise facts giving rise to the instant writ…

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