MALIK MUHAMMAD Versus ADDITIONAL SECRETARY, GOVERNMENT OF N.-W.F.P., HOME AND TRIBAL AFFAIRS DEPARTMENT

ORDER

1. USMAN ALI SHAH, J‑‑ This petition for special leave to appeal has arisen from the judgment of the Peshawar High Court, Peshawar, whereby Writ Petition No. 256 of 1986 of the petitioner against the order of the Addl. Secretary Home and Tribal Affairs Peshawar (respondent No. 1) was dismissed by the impugned judgment.

2. After hearing the learned counsel and going through the record of the case we have come to the conclusion that this petition has no force and deserves dismissal straightaway. Because a perusal of record shows that an earlier Writ Petition No. 523 of 1978 was withdrawn without the permission to tile a new writ petition. Hence, the order dated 30‑8‑1979 of the learned High Court remained unchanged and is final. Since the subject‑matter of the earlier writ petition is the same and a similar relief is claimed by the petitioner in both the writ petitions. Thus under the provisions of Order XXI11, Rule 1(3) of the C.P.C. this writ petition was rightly dismissed. The learned Judges of the Division Bench of the High Court have dismissed the subsequent writ petition with the observation that at the time of delivery of possession to respondents Nos. 3‑9 the authority concerned is to satisfy himself that the land gifted to Arshullah is the same of which the possession was taken from Muhammad petitioner.

3. Under the circumstance of the case, we dismiss this petition being without merit.

4. M.A.K./M 920/S Petition dismissed.