MUHAMMAD ZAHOOR Versus DEPUTY SETTLEMENT COMMISSIONER And Other
This matter came before the Supreme Court of Pakistan as a petition for leave to appeal against the dismissal of a writ petition by the High Court. The petitioner, Muhammad Zahoor, had challenged an order passed by the Settlement Authorities. The High Court had dismissed his writ petition primarily on the ground of laches, noting that the petitioner had failed to challenge the impugned order for a period exceeding six years. Before the Supreme Court, the petitioner argued that he was not a party to the original proceedings before the Settlement Authorities and, therefore, could not be held accountable for the delay, as he lacked knowledge of the order when it was passed. Upon reviewing the record and hearing arguments from both sides, the Supreme Court found that the petitioner was, in fact, fully aware of the proceedings in which the impugned order was passed. Consequently, the Court held that the finding of laches by the High Court was fully justified. The petition for leave to appeal was dismissed.
- Can a petitioner claim ignorance of proceedings to excuse a delay of six years in challenging an administrative order?
- Is a finding of laches justified when a petitioner was aware of the proceedings despite not being a formal party?
ORDER
NASIM HASAN SHAH, J.---The writ petition of the petitioner Muhammad Zahoor was dismissed, inter alia, on the ground of laches in so far as he did not challenge the impugned order passed by the Settlement Authorities for more than 6 years.
Mr. A. R. Shaukat in support of this petition has submitted that the petitioner not being a party to the proceedings in which the impugned order was passed could not be faulted for not challenging it within time, as not being a party to the proceedings he was not aware when it was passed. After having gone through the record before us, with the help of Mr. A. R. Shaukat and Mr. S. M. Masud, learned counsel for the respondents, we are satisfied that the petitioner was fully aware of the proceedings wherein the impugned order was passed and the finding that he has been guilty of laches is fully justified. Dismissed.
Judges on this bench
- Saad Saood Jan2,559 judgments