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KHUSHI MUHAMMAD versus FEDERAL LAND COMMISSION


Arts 199 and 185 ()) Appeal Permit Writs justifying the writ petition, The High Court was not raised by any serious question of law, [Locus Standi]

1982 S C M R 866

Present : Aslam Riaz Hussain, Actg. C. J. and Shafi‑ur‑Rehman, J

KHUSHI MUHAMMAD‑Petitioner

versus

FEDERAL LAND COMMISSION AND OTHERS‑Respondents

Civil Petition for Special Leave to Appeal No. 281 of 1977, decided on 8th March, 1982.

(Against the judgment of the Lahore High Court, dated 24‑2‑1977, passed in Writ Petition No. 378 of 1977).

Constitution of Pakistan (1973)‑

‑‑‑‑‑ Arts. 199 & 185(3)‑Leave to‑appeal‑Petition filed two years after passing of impugned order‑Barred by prescribed time‑Petitioner merely a lessee of land in dispute, having acquired no rights in land, and as such devoid of locus standi to file writ petition‑No serious question of law raised‑High Court, held, justified in dismissing writ petition.‑‑[Locus standi].

Ch. Muhammad Ashraf Wahla, Advocate Supreme Court with Raja Abdul Razzaque, Advocate‑on‑Record for Petitioner.

A. R. Shaukat, Advocate Supreme Court with Abid Nawaz, Advocate‑on -Record for Respondent No. 4.

Ali Imam Naqvi, Advocate‑on‑Record for Respondents.

Nemo for others.

Date of hearing : 8th March, 1982.

ORDER

ASLAM RIAZ HUSSAIN, ACTG. C. J.

‑The petitioner seeks Leave to Appeal against the order of the learned Single Judge of the High Court, dated 24‑2‑1977, dismissing his constitutional petition against the order of the Chief Land Commissioner, dated 31‑10‑1972 under M. L. R. 115.

2. We have gone through the impugned judgment and heard the learned counsel for the parties.

In the first place, the constitutional petition suffered from laches, inas much as it was filed almost 2 years after the passing of the impugned order passed by the Additional Chief Land Commissioner. Secondly, as admitted by the petitioner's counsel, he was merely a lessee of the land in dispute and as such had nut acquired any rights. Therefore, hip had no focus standi to file the writ petition. In any case, no serious question of la has bee raised by the petitioner's counsel before us. We feel that the High Court was justified in dismissing the petition. We have no reason to interfere with the same.

The petition is, therefore, dismissed as being without any merit.

Petition dismissed.

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