Case Details

Citation(s)
1984 SLG 328 1984 SLD 328 1984 SCMR 20

Civil Petition for Special Leave to Appeal No. 893 of 1980, decision dated: 17-03-1983 (Against the judgment of the Lahore High Court, dated 22-4-1980, passed in Writ Petition No. 231-R/80)
ASLAM RIAZ HUSSAIN AND SHAFIUR RAHMAN, JJ

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ISMAIL AND others

VS

. Mst. RAFIQ KHATOON AND others--Respondents

Law:

Section:

Constitution of Pakistan (1973)-Arts. 185(3) & 199-.Dismissal of writ petition. on ground of inordinate delay-Leave to appeal granted to consider contention that petitioner bad been throughout pursuing his remedy in various forums and as such there was no inordinate delay in filing writ petition in High Court as assumed by that Court: Ch. Muhammad Abdullah, Advocate Supreme Court with Syed Wajid Hussain, Advocate-on-Record for Petitioners. Mushtaq Ahmad, Advocate Supreme Court with Mehdi Khan Mehtab, Advocate-on-Record for Respondents. Date of hearing: 17th March, 1982. ORDER ASLAM RIAZ HUSSAIN, J.-The petitioners seeks Leave to Appeal against the judgment of the High Court dated 22-4-1980, whereby their writ petition, in a settlement matter, was dismissed. The petitioners are refugees from Village Pindi, Panjoran in Jammu & Kashmir. They were allotted. about 50 Kanals, of land but it was subsequently cancelled by the Additional Rehabilitation Commissioner and re-allotted to respondents Nos. 1 to 10 on 21-3-1960. The petitioners flied an appeal before the Deputy Rehabilitation Commissioner (L), Sialkot, but it was dismissed on the ground that the land had been cancelled by a higher officer. The petitioners, therefore, filed a revision petition before the Additional Commissioner, which was dismissed on 27-3-1961. He then filed a review petition before the Rehabilitation Commissioner on 27-4-1962, which was misplaced in the office and got lost. The petitioner ran from court to court for getting his petition traced out and ultimately having failed in his efforts they were constrained to file a writ petition in the High Court in 196,4. It was kept pending in the High Court for 15…
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