Law: Constitution of Pakistan 1973

Section: 199

Constitution of Pakistan (1973) Art. 199-Writ petition-Stay order-High Court staying proceed ings for resumption of petitioner's land subject to condition of furnishing security by petitioner for payment of mesne profits of land sought to be resumed-Petitioners, however, instead of furnishing security filing an affidavit containing some undertaking-High. Court's order quite unambiguous and passed in petitioner's presence-High Court, held, justified in vacating stay order in circumstances and whether such non-compliance be condoned or not a matter within discretion of High Court.             Date of hearing : 5th May 1979.                                                                                                                            ORDER NASIM HASAN SHAH, J.--This Petition for leave ,to appeal is directed against the order dated 1-4-1979 of the Lahore High Court, whereby the stay order earlier passed by the High Court on 3-7-1977 while admitting Writ Petition No. 1053 of 1971: to a regular hearing was vacated. The petitioners had filed a writ petition (W. P: No. 1053 of 1977) against the Thal Development Authority and some others challenging the resumption of land and as a measure of interim relief had prayed that their possession over it be not disturbed. This petition was admitted to a regular hearing on 3-7-1977 and with respect to the prayer for interim relief it was directed that the petitioners would furnish security to the satisfaction of respondent No. 2 (Extra Assistant Colonization Officer, Leiah) for the payment of the mesne profits of the land sought to be resumed in cast of failure of the petition. The security was ordered to be furnished within one month. The petitioners instead of furnishing the security filed an affidavit before the Extra Assistant Colonization…