MUHAMMAD LQBAL Versus MEMBER, BOARD OF REVENUE

ORDER

1. JAVID IQBAL, J.‑ ‑This petition for leave to appeal has been filed by the petitioners and is directed. against the order of the Lahore High Court, Lahore dated 13th October, 1980. The background of this case is that previously the same petitioners had filed Writ Petition No.1413 of 1977 which was decided on 5th July, 1977 against the petitioners. Thereafter the petitioners filed a subsequent Writ Petition No.622 of 1978 challenging the order passed in the aforesaid writ petition on the ground that since the appointment of the learned Judge Malik Saeed Hassan, who passed that order, was not valid and constitutional, his order be ignored and that the grant of land in favour of the respondent be declared to be without lawful authority and of no legal effect. The order, dated 5th July, 1977 was never challenged in appeal by the petitioners. It therefore had attained finality. Then the contention about the validity of appointment of the learned Judge was also held to be misconceived as he had resigned. Furthermore Writ Petition No.622 of 1978 of the petitioners was dismissed in default as no one had appeared to prosecute this matter when it was called. However since the counsel had appeared at a later stage, the learned Judges of the Division Bench dismissed the petition even on merits.

2. Learned counsel before us has not been able to raise any legal point involved in this case. In that view of the matter we do not find any substance in this petition which is accordingly dismissed.

3. M.I./M‑439/S Petition dismissed.