FATEH MUHAMMAD KHAN And Others vs THE DEPUTY CLAIMS COMMISSIONER, RAWALPINDI And Other

This petition for special leave to appeal challenged an order of the Lahore High Court, which had dismissed the petitioner's constitutional petition against an order passed by the Deputy Claims Commissioner. The core legal question before the Supreme Court was whether the High Court correctly exercised its discretion in dismissing the constitutional petition on the grounds of laches. The Supreme Court upheld the High Court's decision, noting that the Deputy Claims Commissioner's order was passed on 29-1-1977, while the constitutional petition was only filed on 21-11-1979. The Court held that the petitioner failed to provide any satisfactory explanation for the delay of nearly three years in approaching the High Court. Consequently, the principle laid down is that a constitutional petition may be dismissed on the grounds of laches when there is an inordinate, unexplained delay in seeking judicial review of an administrative order, thereby justifying the refusal of the High Court to exercise its discretionary jurisdiction.