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Writ Petition No. 1487 of 1973, decided on 6th March, 1974.

‑‑ Art. 199‑Laches‑Petitioner granted licence to run open air cinema‑Challenging same after 2 years‑Held, writ suffers from laches and delay‑High Court not exercising discretionary power in such circumstances especially when petitioner also granted licence for running pacca cinema. ‑[Laches].

Malik Amjad Hussain for Petitioner.

The petitioner was granted a license for pacca c cinema in Gujranwala Cantonment on 5th January, 1972. Much prior thereto on 25th May, 1971 a license for an open air cinema had been granted to respondent No. 2. The petitioner has come up in writ petition against the grant which had been made in favour of the aforesaid respondent. It will be noticed that the grant to respondent No. 2 was made on 25th May, 1971 where after he had been continuously running an open air cinema. The writ _against the grant of the aforesaid open air cinema license was filed on 4^th August, 1973 and it suffers from laches and delay. Even otherwise after the grant to the said respondent, the petitioner himself was granted a better license, namely, a license for Pacca cinema. In these circumstances, I am not inclined to exercise my discretionary jurisdiction in case of this a type where the petitioner did not challenge the relevant order for a period of more than two years and especially when in the meantime he was himself given a Pacca licence. The petitioner, in my opinion, should live and let live others. The writ petition does not warrant admission' and is dismissed as such:

M. A. K. Petition dismissed.

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