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1987 SCMR 591 Present: Muhammad Afzal Zullah, S.A. Nusrat and Ali Hussain Qazilbash, JJ Mst. HAWABAI and others--Petitioners Vs MUHAMMAD SIDDIQUE and another--Respondents Civil Petition No. 434-K of 1985, decided on 28th August,1986. (From the of the High Court of Sind, dated 2-10-1985, passed in Constitutional Petition No. 55 of 1983). (a) Constitution of Pakistan (1973)-- ---Arts. 185(3) & 199--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10--Constitutional jurisdiction, exercise of--Laches--Transfer of evacuee property finalised in favour of respondent--Petitioners agitating matter after lapse of 20 years--No explanation for delay--Failure on part of Notified Officer to consider this aspect of case constituted serious defect in exercise of his jurisdiction rendering same to be without lawful authority in view of special features of instant case--High Court was justified in setting aside order of Notified Officer--Leave to appeal refused. (b) Constitution of Pakistan (1973)-- ---Art. 185(3)--Leave to appeal, refusal of--Laches--Petition suffering from doctrine of laches can be dismissed on question of laches alone.-­[Laches]. (c) Constitution of Pakistan (1973)-- ---Arts. 185(3) & 199--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Ss. 10 & 11--Constitutional jurisdiction, exercise of--Transfer or evacuee property--Challenged on allegations of impersonation and fraud after long delay--Falsity of allegation being established on record, order of Notified Authority set aside in writ jurisdiction -Petition for leave to appeal--Notified Authority having acted in excess of jurisdiction in re-opening matter, impugned order of High Court did not suffer from violation of any principle of law warranting interference--Leave to appeal refused. Ali Ahmad Fazeel, 'Advocate Supreme Court instructed by Maroof Ali Khan, Advocate-on-Record for Petitioners. Akhtar Mehmood, Advocate-on-Record for Respondent No.1 Date of hearing: 28th August, 1986. ORDER ALI HUSSAIN QAZILBASH, J.-- Mst. Hawabai and three others seek leave to appeal against the order a learned Single Judge of the Sind High Court, dated…

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