Law: Constitution of Pakistan, 1962

Section: 98

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 6th November 1969, in Writ Petition No. 809 of 1966). Constitution of Pakistan (1962), Art. 98-Writ-Delay Petition for writ filed after expiry of three years since date of im pugned order-Petitioners not found pursuing their remedy before authorities concerned but on other hand, found to have acquiesced in order-Petition, held, clearly suffered from laches and was justifiably dismissed-Constitution of Pakistan (1962), Art. 58(3). Date of hearing : 23rd April 1970. ORDER WAHIDUDDIN AHMAD, J.-Petitioners Nos. 1 and 2 were allotted square No. 38, killas I to 25 out of lot No. 1 in Chak No. 18/8 B. R. Tehsil Khanewal, District Multan, for a period of three years under Grow More Food Campaign, on the 13th March 1958, by the Collector, Multan. Similarly, square No. 35 killa Nos. 1 to 25 out of lot No. 1, was allotted to petitioners Nos. 3 and 4 along with their brother Mohammad Ramzan, petitioner No. 5 on the aforesaid terms and conditions for a period of three years on the 14th March 1958. The Provincial Government extended the period of lease of State Waste Land granted under the said scheme from three years to five years vide Board of Revenue Circular Memorandum No. 5449/58/6399 dated the 13th September 1958, and Memo. dated the 29th October 1958. In September 1959, the Government promulgated a scheme known as Tubewell Scheme. The aforesaid area was included in the Schedule to the Tubewell Scheme and the Collector allotted the entire area to Muhammad Shafi on the 24th October 1961. The petitioners challenged this order before the Additional Commissioner, Revenue, which was dismissed on the 18th November 1961. This order was further assailed and the learned Member, Board of Revenue, by order dated the 24th April 1963, turned down the prayer of the petitioners. He held that the remedy of the petitioners was to file an appeal against the order of cancellation of their lease or the refusal to extend the period of their lease. Instead of doing so, the petitioners kept quiet till the land was included in the Schedule to the Tubewell Scheme. They then applied for the grant of the…