Case Details

Citation(s)
2000 SLG 2071 2000 SLD 2071 2000 CLC 1783
Lahore High Court
Writ Petition No. 8741 of 199 1, heaid on 11-04-2000
SYED ZAHID HUSSAIN, J
Raja Shafqat Abbasi for Petitioner. Ch. Muhammad Yaqub Sidhu for
Respondent No. 2. Ch. Muhammad Hanif Khatana, Addl. A.G., Punjab for
Respondent No. 3

Sardar GHULAM BAQIR ALI KHAN

VS

SECRETARY TO GOVERNMENT PUNJAB, COOPERATIVE DEPARTMENT. LAHORE and 2 others

Law:

Section:

(a) West Pakistan Cooperative Societies Act (VII of 1925)----S. 54---Constitution of Pakistan (1973), Art.199---Constitutional petition---Even quasi judicial functionaries while adjudicating upon matters concerning rights of parties were obliged to record reasons and pass speaking orders. Federation of Pakistan through Secretary, Establishment Division, Government of Pakistan, Islamabad v. Muhammad Tariq Pirzada and 2 others 1999 SCMR 2744 and M.H. Abidi v. State Life Insurance Corporation 199o- MLD 563 ref. (b) Administration of justice--- ---- Principle of---Even quasi judicial functionaries while adjudicating upon matters concerning rights of parties were obliged to record reasons and pass speaking orders. Federation of Pakistan through Secretary, Establishment Division, Government of Pakistan, Islamabad v. Muhammad Tariq Pirzada and 2 others 1999 SCMR 2744 and M.H. Abidi v. State Life Insurance Corporation 1990 MLD 563 ref. (c) Laches--- ----Laches is not the same thing as limitation and no period can be faxed to constitute laches---In the absence of bar of limitation, the period within which the remedy is to be sought, has invariably to be reasonable one. M.H. Abidi v. State Life Insurance Corporation 1990 MLD 563 rel. JUDGMENT The petitioner, who claims himself to be a member of the Society (respondent No.2) had applied for the allotment of a plot in the said Society. It is his case that he deposited an amount of Rs.5,000 as an advance for the plot, but no allotment was made, as a result whereof he had to file a petition under section 54 of Cooperative Societies Act, 1925, which was accepted by the Registrar, Cooperative Societies, Lahore on 8-12-1988, who took the view' that the petitioner was a member of the Society and was eligible for the allotment of the plot. This order was challenged by the Society (respondent No.2) by filing an appeal, which was accepted -by the Secretary to Government of Punjab, Cooperative Department, Lahore on 3-8-1989. A review was filed there against by the petitioner, which was, however, declined that the Secretary, Cooperative had no power to review of his. order. This is a writ petition against the above order. 2. It is…
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