Law:

Section:

Constitution of Pakistan (1973)-------Art. 185(3)---Petition for leave to appeal---Land of the respondent was utilized without recourse to lawful procedure which act was not only illegal but highly immoral and reprehensible since the Province/State and its functionaries were supposed to protect the life, liberty and the property of citizen rather than forcibly use the same for the benefit of a person in power---Constitutional petition filed by the respondent to question the legality of taking over his property was allowed by the High Court on the statement of the then Advocate-General, with direction to the Provincial Government to allot agricultural land to the respondent---Judgment of High Court was upheld by the Supreme Court while petition of the Provincial Government was dismissed--- For almost five years the petitioner (District Officer Revenue) and other functionaries of the Province dragged their feet and did not implement the direction of the Supreme Court and respondent was compelled to file contempt application in the High Court---High Court, instead of punishing the delinquent officials, considered it expedient to once again direct such officials to implement the direction within one month of the of the High Court---Once again the petitioner did not comply with the direction and instead filed the present petition for leave to appeal---Validity---Supreme Court took notice of non-compliance and sensing the mood of the Supreme Court the Chief Secretary of the Province, appeared and stated that "the compact piece of agricultural land was being mutated and handed over to respondent" and consequent to the undertaking of the Chief Secretary the land had been mutated in favour of the respondent and its possession delivered---Not only the District Officer Revenue but all the concerned officials of the Provincial Government had been guilty of non-compliance of not only the and direction of the High Court but even that of the Supreme Court---Initiation of contempt proceedings did not spur the officials to do that which they were legally bound to do---High Court, in its wisdom did not take the penal action and instead gave said officials another opportunity to…

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