ALAMGIR KHAN vs AQIQ KHAN
This matter comes before the Supreme Court of Pakistan as a petition for leave to appeal against the orders of the Peshawar High Court, Circuit Bench Abbottabad, dated 23-6-1987 and 8-9-1987, which dismissed the petitioner's civil revision and subsequent writ petition arising from concurrent failures before revenue authorities and civil courts. The core legal question concerns the maintainability of a petition for leave to appeal that is barred by time against a revisional order, and the propriety of invoking writ jurisdiction to challenge a prior revisional order passed by the same High Court. The Supreme Court held that the petition against the revisional order was time-barred with no sufficient ground for condonation, and that the writ petition was rightly dismissed as no jurisdictional defect was shown and the High Court could not set aside its own revisional order through writ jurisdiction. The key principle laid down is that a High Court cannot exercise writ jurisdiction to set aside its own prior order passed in revisional jurisdiction, and time-barred petitions without valid grounds for condonation will be dismissed.
- Whether a petition for leave to appeal filed beyond the period of limitation can be entertained without sufficient grounds for condoning the delay?
- Can the High Court set aside its own order passed in revisional jurisdiction by subsequently exercising its writ jurisdiction?
- Whether a writ petition is maintainable against concurrent judgments of revenue authorities and civil courts without highlighting any jurisdictional defect?
ORDER
' ALI HUSSAIN QAZILBASH, J.--This is a petition for leave to appeal from the order of a learned Division Bench of the Peshawar High Court, Circuit Bench Abbottabad, dated 8-9-1987 and the judgment of a learned Single Judge dated 23-6-1987 of the same learned Court.
2. The facts need not be given. The petitioner has been unsuccessful in his first round of litigation before the Revenue authorities and in the second round of litigation in the Civil Courts right upto the High Court where his Civil Revision was dismissed on 23-6-1987. His writ petition has rightly been dismissed on 8-9-1987 because no jurisdictional defect in the judgments of the Revenue and Civil Courts was highlighted and in any case the High Court could not set aside its own order passed on 23-6-1987 in its revisional jurisdiction in the exercise of its writ jurisdiction.
3. The petition as against the order of the High Court passed on 23-6-1987 in exercise of its revisional jurisdiction is barred by time and no good ground is made out for condoning the delay.
4. The petition is dismissed.