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MAQBUL COTTON FACTORY versus GOVERNMENT OF PUNJAB


Article 185 The High Court routinely accepts appeals for recovery of specific dues, but denies the receipt of another set of high court dues, which is completely arbitrary and does not amount to a questionable decision. Which are not capable of interfering. Supreme Court

1975 S C M R 189

Present : Hamoodur Rahman, C. J. and Muhammad Gul, J

C. P. No. 238 of 1974
MAQBUL COTTON FACTORY‑Petitioner

versus

GOVERNMENT OF PUNJAB THROUGH SECRETARY, EXCISE

& TAXATION DEPARTMENT, LAHORE AND ANOTHER --

Respondents

C. P. No. 239 of 1974

EHSAN COTTON & OILS FACTORY---‑Petitioner

versus

GOVERNMENT OF PUNJAB THROUGH SECRETARY, EXCISE

TAXATION DEPARTMENT, LAHORE AND ANOTHER

---Respondents

Civil Petitions for Special Leave to Appeal Not. 238 and 239 of 1974, decided on 16th October 1974.

(On appeal from the order of the Lahore High Court, Lahore, dated 11‑3‑1974, in Writ Petitions Nos. 257 and 258 of 1974).

Constitution of Pakistan (1973)‑---

‑‑ Art. 185‑High Court admitting appeals for regular hearing staying recovery of certain dues but refusing recovery of another set of dues‑Orders of High Court, held, purely discretionary and not amounting to any adjudication of any question finally‑Cases, held, not fit for interference by Supreme Court.

Pir Anwar Rehman, Advocate Supreme Court instructed by SA. Asdul Karim, Advocate‑on‑Record for Petitioners (in both the Petitions).

Nemo for Respondents (in both the Petitions).

Date of hearing 16t October 1974.

.

JUDGMENT

HAMOODUR REHMAN.

‑These are two petitions for special leave to appeal from the orders of learned Single Judge of the Lahore High Court in two writ petitions filed to challenge the validity of the provisions of rule 12 of the West Pakistan Cotton Control Rules, 1966.

The writ petitions are still pending in the High Court. The High Court has admitted there for regular hearing stayed recovery of the dues prior to the date of the notification of 3‑12‑1973 but refused to stay prospective recovery after the said date. The petitioner now seeks to challenge these orders.

These are purely discretionary orders of the High Court by which no right has been adjudicated upon nor has any question been decided finally. We do not consider these to be fit cases for interference. If the petitioner has any grievance, he should ask the High Court to expedite the hearing of the writ petitions.

With this observation, both the petitions are dismissed.

Petitions dismissed.

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