Case Details

Citation(s)
1986 SLG 510 1986 SLD 510 1986 SCMR 529
Supreme Court of Pakistan
Civil Appeal No. 160 of 1983, decision dated: 7-12-1985. (Against the judgment and order of the Lahore High Court Lahore, dated 11-5-1981 in Writ Petition No. 197/11 of 1981).
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH AND SHAFIUR RAHMAN, JJ

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PROVINCE OF PUNJAB and others

VS

MEMBER (COLONIES), BOARD OF REVENUE, PUNJAB and others

Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Leave to appeal granted to Province of Punjab to examine inter alia whether High Court had justifiably dismissed in limine a constitutional petition filed by appellants on ground that it suffered from indolence and laches. (b) West Pakistan Border Area Regulation, 1959 [M. L. A. Zone B ]-----Paras. 9 & 15, Sched. III, para. 10--Land allotted under Border Area Allotment Scheme cancelled by Board of Revenue but subsequently restored on second review--Restoration order challenged unsuccessfully before Board of Revenue and in writ jurisdiction which was dismissed on account of indolence and laches--Appeal to Supreme Court--Order passed by Border Allotment Committee being immune from attack, first order of Board of Revenue cancelling allotment, held, was without jurisdiction and a corrective which removed that order from scene could not be objected to on any legal or jurisdictional plane--Order cancelling allotment had to be corrected and even if not so corrected, it had to be ignored so far as its legal implications were concerned--Appeal dismissed in circumstances. (c) West Pakistan Border Area Regulation, 1959 [M.L.A. Zone B]-----Para. 9, Sched. III, para. 10--Allotment of land in border area-­Cancellation of--Procedure--In case of any illegality or impropriety in making allotment, procedure prescribed in Regulation or under Regulation, has to be followed and none outside it. M. Nawaz Abbasi, Assistant Advocate-General Punjab and Rao M. Yousaf Khan, Advocate-on-Record for Appellants. Respondent No. 1: Ex parte. Ch. Akhtar Ali, Advocate-on-Record for Respondent No.2. S.M. Zafar, Senior Advocate Supreme Court and Ghulam Dastgir, Advocate-on-Record for Respondent No. 3. Date of hearing: 7th December, 1985. JUDGMENT SHAFIUR RAHMAN, J.--Leave to appeal was granted to the Province of Punjab to examine, inter alia, whether the Lahore High Court had justifiably dismissed in limine the constitutional petition filed by the appellants on the ground that it suffered from indolence and laches. On the 17th of March, 1959 was promulgated the West Pakistan Border Area Regulation, 1959 (hereinafter referred to as the…
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