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ABDUL REHMAN versus ADDITIONAL DISTRICT JUDGE, RAWALPINDI


Article 199 Right Petition Maintenance Petitioners can automatically justify the filing of a writ petition after they have been permanently excluded, replacing the previous writ petition with the same amendment.

1984 S C M R 205

Present : Muhammad Haleem, Actg. C. J., Aslam Riaz Hussain, Muhammad Afzal Zullah and M. .S. H. Quraishi, JJ

ABDUL REHMAN AND OTHERS‑‑‑Petitioners

Versus

ADDITIONAL DISTRICT JUDGE, RAWALPINDI AND OTHERS‑Respondents

Civil Petition No. 73.R of 1983, decided on 21st November, 1983.

(From the order dated 6‑2‑1983 of the Lahore High Court, Rawalpindi Bench, passed in Writ Petition No. 533 of 1981).

Constitution of Pakistan (1973)‑--

--‑‑Art. 199‑Writ petition‑Maintainability‑Petitioners having them selves abandoned their earlier writ petition by getting same converted into revision, held, could hardly justify filing of subsequent writ petition.

Kh. Muhammad Yusuf Saraf, Advocate Supreme Court instructed by Ch. Akhtar Ali, Advocate‑on‑Record for Petitioners.

Nemo for Respondents.

Date of hearing : 21st November, 1983.

ORDER

M. S. H. QURAISHI, J.‑

The petitioners are aggrieved by the order of the Lahore High Court, dated 6‑2‑1983 dismissing their Writ Petition No. 533 of 1981 for the reason that a fresh writ petition cannot be allowed.

2. The writ petition had been filed to challenge an order passed by the Additional District Judge, Rawalpindi, dated 13‑5‑1981 dismissing the peti tioners' revision application. But that order had been earlier challenged by the petitioners by Writ Petition No. 296 of 1981, which at the request of the petitioners' counsel had been converted into and heard as revision but was dismissed on 17‑10‑1981 for the reason that a second revision did not lie. The petitioners did not challenge the decision but instead filed the aforesaid writ petition i.e., No. 533 of 1981, to challenge, once again, the order of the Additional District Judge.

3. The petitioners having themselves abandoned their earlier writ petition by getting the same converted into a revision, can hardly justify the filing of the subsequent writ petition. After hearing learned counsel, we do not find this to be a fit case for grant of leave. The petition is dismissed.

M. Z. M. Petition dismissed.

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