Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 199-Limitation Act (IX of 1908), S. 5-Constitutional jurisdiction--Limitation--Condonation of delay--Refusal to condone delay by. competent authority cannot be challenged by a constitutional petition. Muhammad Khan v. Abdul Khaliq Khan P L D 1981 S C 155 ref. Mumtaz Khan v. Chief Settlement and Rehabilitation Commissioner P L D 1966 S C 276 and Saeeduddin Ahmad Naqvi v. Abdul Ghafoor 1977 SCMR 306 rel. (b) Limitation Act (IX of 1908)-----S. 5--Limitation--Condonation of delay--Mistaken advice, held, not a good ground for condoning delay. Mst. Mahmmooda Begum and others v. Major Malik Muhammad Ishaq and others 1981 SCMR 890; Bashir Ahmad v. Government of the Punjab and others 1985 SCMR 333 and Mian Aizad Bakhsh v. Sheikh Muhammad Afzal 1985 SCMR 1003 rel. (c) Constitution of Pakistan (1973)-----Art. 185(3)--Punjab Pre-emption Act (I of 1913), Ss. 8 & 15--Land Reforms Regulation, 1972 (M.L.R. 115), para. 25--Leave to appeal-­question as to what extent if at all notification under S.8, Punjab Pre-emption Act, 1913, gets affected by para. 25 of Land Reforms Regulation, 1972 reserved for decision in a more appropriate case--Leave refused. ORDER SHAFIUR RAHMAN, J.--The petitioner, a Mangla Dam oustee, having failed in protecting the purchase made by him against the pre-emption claim made by a tenant, seeks leave to appeal against the judgment of the Lahore High Court, dated 25th 9f June, 1980 whereby a constitutional petition filed by him, was dismissed in limine. The petitioner purchased land measuring 11 Kanals 19 Marlas in the revenue estate of Village Kharala, Tehsil and District Jhelum. It was pre-empted by respondent Karim on the ground that he was a tenant of the land. The petitioner contested denying that Karim was a tenant and seeking protection under notification issued under section 8 of the Punjab Pre-emption Act whereby purchases made by the. Mangla Dam oustees who were certified to be so were exempted from pre-emption. The Assistant Commissioner (Collector) negatived both the objections of the petitioner and decree the claim. On appeal the Additional Commissioner maintained order of the Assistant…

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