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Civil Petition for Special Leave to Appeal No. 253 of 1974, decided on 3rd December 1974.
(On appeal from the judgment and order of the Lahore High Court, Lahore, dated I1‑1‑1974 in Writ Petition No. 52‑R of 1974).
.‑‑ Art. 199‑Writ‑Laches ‑ Petitioner filing writ petition nearly 13 years after passing of order by Settlement authority and claiming ignorance of order till more than 12 years after passing of order- Settlement authority's order mentioning presence of parties and their counsel at time of pronouncement of order‑No reasonable person, held, would wait for such a long period to know result of his application‑No exception, held, could be taken to High Court's order dismissing writ petition on ground of laches.
Muhammad Nawaz Kasuri, Advocate Supreme Court instructed by Mahmood A. Qureshi, Advocate‑on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing : 3rd December 1974.
.‑On 8th August 1951, the Settlement Commissioner dismissed the revision petition filed by the petitioner herein against the order of transfer of the house in dispute in favour of the respondent. The parties were heard and the order announced to them.
On 11th January 1974, the petitioner filed a writ petition in the High Court claiming ignorance of the order passed by the Settlement Commis sioner on the 8th August 1961. The learned Single Judge did not find any ground for condoning the delay of more than 12 years and dismissed the writ petition for laches.
The petitioner now seeks leave to appeal reiterating that he has no knowledge of the order passed by the learned Settlement Commissioner. We are unable to accept the statement made by the petitioner as mentioned above. It is clearly stated in the order of the Settlement Commissioner that the parties and their counsel were present when the order was announced. In any case, no reasonable person will wait for nearly 13 years to know the result of revision petition which tie had filed in the Court of Settlement Commissioner. In the circumstances no exception can be taken to the order passed bpi the High Court.
Leave to appeal is refused.
Petition dismissed.
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