Law:

Section:

West Pakistan Land Revenue Act (XV1I of 1967)--Ss. 81 & 82---Constitution of Pakistan (1973), Arts. 199 & 185(3)--­Petitioner's failure to pay back agricultural loan advanced to him by respondent (statutory body)---Initiation of recovery proceedings in terms of Ss. 81 & 82, West Pakistan Land Revenue Act, 1967---High Court dismissed petitioner's Constitutional petition against recovery of loan---Validity---Petitioner had suppressed certain factual aspects from High Court in his Constitutional petition whereupon High Court had rightly noted that relief under Art. 199 of the Constitution being equitable in nature, discretion would always vest in High Court to deny the same or to accord relief depending always on judicious exercise of discretion calculated to secure ends of justice but never to perpetuate injustice---Where equitable relief was sought, person seeking the same must come with clean hands---Petitioner being himself guilty of iniquitous conduct, relief as a rule must be denied to him---Dismissal of Constitutional petition was, thus, right course of action adopted by the High Court---Even on merits, petitioner had no case, inasmuch as, he had placed reliance upon notification issued by Provincial Government suspending recovery of all kinds of Provincial. Government dues and cooperative societies---Notification in question, was not applicable to respondent organization which was statutory body and not Government Department---Even suspension period covered by Notification had come to an end---Notification relied upon by petitioner, therefore, had no bearing upon the controversy---Leave to appeal was refused in circumstances. Muhammad Umer Saeed v. Government of West Pakistan 1969 SCMR 141; Salina Jawaid v. S.M. Arshad PLD 1983 Kar. 303 and Abdul Maroof Khan Afridi v. Karachi Development Authority 1990 MLD 2252 rel. Gul Bahar Korai, Advocate with Ijaz Muhammad Khan, Advocate-on-Record for Petitioner. Abdul Razzaq Umrani Deputy Director Sindh Agricultural Supplies Organization for Respondents. Date of hearing: 9th August, 1995. JUDGMENT SH. RIAZ AHMAD, J.---Petitioner seeks leave to appeal against the judgment and order dated 29-6-1995 delivered…

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