Law: Constitution of Pakistan, 1962

Section: 98

Constitution of Pakistan (1962) Art. 98 and Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sch. ---Writ jurisdiction----Laches----Acquiescence---Petitioner seeking remedy committing such delay in filing petition as would cause prejudice to other side or would amount to waiver or acquiescence on his part-Not entitled to discretionary relief even if impugned order be without jurisdiction--- Central Government according approval to sale of an evacuee property in favour of a particular person on payment of prevailing market rate and directing property not to be transferred to any other person-Property however, already standing transferred to another much before Central Government's directive and petitioners paying rent to such transferee as his tenants and on retransfer of property to another paying rent to such another person---Held: Petitioners having acquiesced in impugned order of transfer in favour of transferee for 6 long years and paid rent to first and second transferees, gave them tacit assurance of having reconciled with decision of transfer---Court, in circumstances, would not extend any indulgence to petitioner in constitutional proceedings. For six long years, the petitioners acquiesced in the impugned order, paid rent of the disputed bungalow first to transferee and then to subsequent transferee and by this conduct, they gave a tacit assurance to the latter that they had reconciled themselves with the decision of the Settlement Commissioner and consequently enabled him to obtain Permanent Transfer Deed of the property from the Department. Surely, any inter ference with the impugned order at this stage was bound to pre judice the interest of the subsequent transferee and, therefore, the Court would not extend to the petitioners any indulgence in the constitutional proceedings. The petitioners, after the decision before the Settlement Commissioner went against them, started paying rent first to transferee and then to subsequent transferee entirely on account of their free volition until they committed default and subsequent transferee started eviction proceedings against them. By this conduct, petitioners seem to have…