Case Details

Citation(s)
2006 SLG 2599 2006 SLD 2599 2006 SCMR 995
Supreme Court of Pakistan
Civil Petition No.452 of 2004, decision dated: 16-12-2005 (On appeal from the order, dated 20-11-2003 in Writ Petition No.212 of 2003 passed by the Peshawar High Court, Abbottabad Bench)
RANA BHAGWANDAS, SAIYED SAEED ASHHAD AND HAMID ALI MIRZA, JJ

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SAIF NADEEM BICYCLE LIMITED, Lahore High Court through M.D.

VS

MEMBER, BOARD OF REVENUE, Peshawar High Court and another

Law:

Section:

Constitution of Pakistan (1973)-------Arts. 199 & 185(3)---Constitutional jurisdiction of High Court under Art.199 of the Constitution---Scope---Constitutional jurisdiction of High Court could not be exercised after inordinate delay of 10/I1 years without any compelling circumstances or a sufficient cause---Prayer of. the petitioner, in the present case, before Member of Provincial Board of Revenue that his case should have been referred to the Civil Court for adjudication was completely misconceived and against all canons of law which could not be allowed by the said Authority---High Court,. while non-suiting the petitioner in the exercise of its constitutional jurisdiction, had passed a just, fair and proper order---Entire exercise by the petitioner against private respondent appeared to be tainted with mala fide---Supreme Court, while dismissing the petition for leave to appeal of the petitioner, imposed special costs of Rs.10,000 on the petitioner, to be deposited in the office of the Supreme Court within three days for payment to the private respondent, failing which the same shall be recovered through process of law.Petitioner in person.Habibur Rehman, Advocate Supreme Court and Abdul Qadir Khan, Advocate Supreme Court for Respondent No.2. Date of hearing: 16th December, 2006. JUDGMENT RANA BHAGWANDAS, J.--- Petitioner claiming to be Managing Director of a private limited company seeks leave to appeal against Peshawar High Court, Abbottabad Bench judgment dated 20-11-2003 dismissing his writ petition against the order. passed on review in connection with an order of the Member, Board of Revenue, N.-W.F.P. rejecting the same. (2). Petitioner challenged the order passed by Additional Commissioner, Abbottabad dated 31-7-1990 in connection with land acquisition proceedings before the Member, Board of Revenue which was dismissed vide order, dated 27-2-1992. Petitioner moved a review petition after the passage of more than a decade before the Member, Board of Revenue which was dismissed vide order dated 5-8-2003 on the premise that he had submitted an application…
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