NADIR ALI vs SECRETARY, REGIONAL TRANSPORT AUTHORITY, FAISALABAD and another

ORDER

1. SYED ZAHID HUSSAIN, J.--- Report and parawise comments have been submitted wherein it has been disclosed that the same petitioner had filed a civil suit qua the same subject-matter and cause of action which was pending in the Civil Court at Faisalabad. Today the learned Additional Advocate-General, Punjab has placed on record attested copy of the proceedings of the trial Court in the suit titled "Rana Nadir Ali v. Secretary, R.T.A. And others". The learned counsel for the petitioner, however, wishes to seek instructions from the petitioner and also to address the Court that notwithstanding the filing/pendency of the suit, petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 is still competent.

2. I do not consider it necessary that the learned counsel needs any further instruction from the petitioner inasmuch as the perusal of the order sheet/proceedings of the trial Court in the suit mentioned above go to show that the said suit was filed on 30-3-2004 which was pending before the trial Court when the present petition was filed in this Court on 7-3-2006. No mention/disclosure about the pendency of the suit has been made in the petition. The suit was then withdrawn from the trial Court on 21-3-2006.Such devious mode adopted by the petitioner can hardly be countenanced, overlooked or condoned. I am not unmindful of precedents where the petitions were entertained despite pendency of the suit but in such cases it was candidly stated and disclosed that the suit was not the adequate remedy in the context of the controversy. In the present petition, however, the factum about the suit which had been filed by the petitioner was pending and being prosecuted by him for the last two years, was not at all disclosed in the petition.

3. The petitioner undoubtedly is guilty of suppression of material facts and information from the Court who filed the petition without making such a disclosure. No indulgence can be shown to such a petitioner nor his conduct of concealment of material information and suppression of pendency of the suit be condoned. Indeed petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 falls within the realm of equitable and discretionary jurisdiction wherein the conduct of the petitioner assumes significant importance. The conduct of the petitioner herein not only disentitles him to be heard due to concealment of facts, he is also liable to be burdened with costs/penalty.

4. ' The petition is dismissed accordingly with costs of Rs,10,000.