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ABDUL QAYYUM versus MUHAMMAD AFZAL KHAN


Article 199 Written jurisdiction void if the dismissal either reverses its conduct or if the applicant fails to challenge the transfer order in favor of the respondents within a reasonable time, The applicant will not be given arbitrary relief in use. Jurisdiction denied

1981 C L C 1163

[Lahore]

Before Irshad Hassan Khan, J

Kh. ABDUL QAYYUM‑Petitioner

versus

MUHAMMAD AFZAL KHAN AND 2 others ----‑Respondents

Writ Petition No. 220/ f 1980, decided on 14th June, 1981.

Constitution of Pakistan (1973)‑------

---------Art. 199‑Writ jurisdiction‑Void order‑Not always to be struck down if petitioner either estopped by his conduct from challenging it or if guilty of laches‑Petitioner failing to challenge order of transfer in favour of respondents within a reasonable time‑Discretionary relief to petitioner in exercise of writ jurisdiction refused.

Muhammad Saleh and others v. Messrs United Grain & Fodder, Pakistan P L D 1964 S C 97 and S. Sharlf Ahmad Hashmi v. Chairman, Screening Committee, Lahore and another 1978 S C M R 367 ref.

Abdul Karim Saggu for Petitioner:

Nemo for Respondent No. 1.

Malik A. R. Arshad for Respondents Nos. 2 and 3.

Dates of hearing: 8th and 9th June, 1981.

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