Law:

Section:

State land--Constitution of Pakistan (1973), Art.185(3)---Land in possession of petitioners having been included in a specific scheme, proprietary rights claimed by petitioners on that land could not be granted to them---Record showed that but for introduction of specific scheme, petitioners would have been granted land in question---Leave was granted to examine the contention that in such like cases consistent practice of Government was to offer alternative State land to the affected person and this could not be treated as mere bounty by the State and further that relevant notification created right in favour of allottees---Petitioners in the meantime, were directed to make applications for grant of some other land---Petitioners' failure to make such. applications of in the event of their failure to pursue the same, leave to appeal was to be withdrawn---Court's order, however, would not be a bar to the allotment of land in question to a deserving person under the specific scheme. ORDER MUHAMMAD AFZAL ZULLAH, C.J.---Leave to appeal has been sought; against the dismissal by the High Court, of petitioners' Intra-Court Appeal in a State land allotment matter. This dismissal of the I.C.A. as admitted by the learned counsel, was mainly on account of the reason that the petitioners had not disclosed in the writ petition the. fact that they had earlier filed suit in respect of the main subject-matter and had failed. He, however, argued that this question of dismissal of a writ petition on the ground of unclean hands is one of exercise of discretion and further that the learned Single Judge not having exercised discretion in this behalf against petitioners,­the learned Judges of the I.CA. should not have denied relief to the petitioners on this ground. Coming to the judgment of the learned Single Judge it proceeded on the basis that the land in possession of the petitioners had been included…

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