Law: Pakistan Army Act, 1952

Section: 16

Law: Constitution of Pakistan, 1973

Section: 199(3)

(a) Constitution of Pakistan (1973)--- ---Art. 199(3)-Constitutional petition---Laches---Cancellation of plots---Plots allotted to petitioners were cancelled by authorities in the year, 1996, which decision was communicated to them immediately---Petitioners had assailed the said cancellation order in year 2007---Validity---Cancellation order of plots communicated to petitioners were intact and indirect challenge to those orders after lapse of period of about 12 years was neither permissible nor lawful---Petition suffered from inordinate/unexplained Laches and orders of cancellation could not be adjudged because those had already attained finality and had been acted upon---Petitioners were also estopped by their conduct to put any challenge to the orders which were passed and conveyed to them a decade ago---Petition was also barred by Art.199(3) of the Constitution---Such bar though was not absolute yet petitioners had failed to make out a case for interference by High Court on lack of jurisdiction, excess of jurisdiction or malice on the part of competent authority nor same was made out from the record---High Court declined to interfere in the cancellation order passed 12 years ago---Constitutional petition was dismissed in circumstances. Ex.Lt.-Col. Anwar Aziz (PA-7123) v. Federation of Pakistan PLD 2001 SC 549; Iftikhar Ahmad v. Federal Government Ministry of Defence 2001 YLR 2679 and Hawaldar Mian Ramzan v. Federal Government, Ministry of Defence 2005 PLC (C.S.) 64 rel. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---Such jurisdiction is not meant for extending protection to ill-gotten gains, generated out of misuse of authority. TAHMAS v. The Central Government of Pakistan PLD 1957 Lah. 871; Abdul Haq Indar v. Province of Sindh 2000 SCMR 907; Nawab Sayed Raunaq Ali and others v. Chief Settlement Commissioners and others PLD 1973 SC 236; Khiali Khan v. Haji Nazir and 4 others PLD 1997 SC 304; Sheikh Muhammad Hussain v. University of Sindh 2002 PLC (C.S.) 696; Air Home International v. Government of the Punjab 2002 CLC 780 and Muhammad Yaqoob v. Secretary Local Government 2002 PLC (C.S.) 1625 rel.…

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