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ABDUR RASHID versus MUHAMMAD AZHAR


Allow an appeal to approve a High Court order based on two decisions of Article 2 (185 (appeal) Supreme Court), there is no room for interference in an unidentified order, especially when it comes to two earlier Supreme Court rulings. Was based on

1986 S C M R 769

Present: Nasim Hasan Shah and S. A. Nusrat, JJ

ABDUR RASHID‑‑Petitioner

versus

MUHAMMAD AZHAR and others‑‑Respondents

Civil Petition No. 640 of 1977, decided on 18th November, 1985.

(On appeal from the judgment, dated 14‑9‑1977 of the Lahore High Court, Lahore in Writ Petition No. 2439 of 1977).

Constitution of Pakistan (1973)‑

‑‑‑Art. 185(3)‑‑Leave to appeal, grant of‑‑High Court's order based on two decisions of Supreme Court, challenged‑‑No ground for interfering with impugned order found, specially when it was based on two earlier decisions of Supreme Court.

P L D 1965 S C 399 and Muhammad Hussain and others v. Sikandar and others P L D 1974 S C 139 ref.

Ch. Hafeez Ahmad, Advocate Supreme Court for Petitioner.

Nemo for Respondents.

Date of hearing: 18th November, 1985.

ORDER

NASIM HASAN SHAH, J.‑

‑In this case certain orders, passed in relation to the consolidation proceedings of village Kot Daska, Tehsil Daska, District Sialkot,, are being challenged.

2. The Scheme of Consolidation was confirmed on 13‑3‑1971 and the pros and cons thereof have been under examination of various Revenue Officers including the Board of Revenue. A learned Member of the Board of Revenue finally disposed of the matter vide order, dated 9‑8‑1977. The last‑mentioned order of the Board of Revenue was challenged by the petitioner through a writ petition and the High Court relying on two decisions of this Court in Pir Muhammad Farid Jan v. Colonization Officer, Hyderabad and 4 others P L D 1965 S C 399 and Muhammad. Hussain and others v. Sikandar and others P L D 1974 S C 139 dismissed the writ petition.

3. This petition for leave to appeal has been moved to challenge the aforementioned order of the High Court.

4. We do not find any reason for re‑examining this whole matter again and find no ground for interfering with the order of the High Court, especially when it is based on two decisions of this Court.

M. I. Petition dismissed.

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