Law: Constitution of Pakistan, 1973

Section: 199,185(3)

(a) Constitution of Pakistan (1973)---Art. 199--Settlement Scheme No. III--Constitutional petition--Locus standi of petitioner--Merely because an inquiry was pending on petitioner's application, held, would not clothe petitioner with a right to transfer of property and thereby petitioner could not acquire, locus standi to file constitutional petition to challenge transfer of property to any other person--When any such inquiry was pending on application of petitioner, it would, held further, be improper for Court to take over the matter and adjudicate same dispute in constitutional juris­diction.--[Locus standi]. (b) Constitution of Pakistan (1973)-- ---Arts. 185(3) & 199--Constitutional petition--Laches--Petition dismissed by High Court on grounds of laches--Leave to appeal--Petitioner not meeting with grounds on which his constitutional petition dismissed namely that he was guilty of laches in challenging impugned order after lapse of about 16/17 years--Petition for leave to appeal dis­missed. --[Laches]. ORDER ZAFAR HUSSIAN MIRZA, J.--This petition for special leave to appeal has been brought to challenge the judgment of a learned Single Judge of the Lahore High Court, Lahore dated 8-2-1982 whereby the Constitutional Petition filed by the petitioner Ch. Ghulam Mujtaba was dismissed. The dispute pertains to Flat No: 30/A in a building known as The Mall Mansion situate at The Mall, Lahore. The said Mall Mansion is a part of a big Mansion known as "The Mall Mansions" which comprised many flats on the first floor and shops on the second floor. The case of the petitioner was that the left wing of the Mall Mansions was put to auction by the Chief Settlement Commissioner as a big Mansion in favour of Muhammad Amin Paracha. The auction /purchaser is said, however, to have withdrawn from the auction and subsequently Agha Ahmed Raza, the then Settlement Commissioner, managed to have the property transferred to himself. Accordingly by an order dated 31-8-1960 passed by Mr. Aftab Ahmed, the then Settlement Commissioner (Industries) approved the association of Agha Ahmed Raza with his sister Mst. Naeema Khanum (respondent No. 4) and others for the transfer of…

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