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Petitioner: AHMAD KHAN VS Respondent: MUHAMMAD SHAFI And 4 Other
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Syed Usman Ali Shah Title: AHMAD KHAN vs MUHAMMAD SHAFI And 4 Other Case No.: Civil Petition for Leave to Appeal No. 111 of 1985 Writ Petition No. 5309 of 1984 Date of Judgment:1991-03-05 Reported As: 1991 SCMR 352 Result: Leave refused
Judgment ORDER MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal has been sought, against the dismissal by the High Court, of petitioner's constitutional petition. It had arisen out of his failure in obtaining a favourable order of mutation. It related to a sale wherein question of fraud was involved. Instead of filing a suit, as it was the proper remedy, he filed a writ petition which was dismissed on the ground of availability of the other adequate remedy. Learned counsel could not urge anything against the approach of the High Court in its refusal to exercise discretionary writ jurisdiction in this matter. He himself pointed out that Lal and others v. Mian Dad and another' 1968 SCM R 842 (2) supports the view taken by the High Court. That being so, leave to appeal is refused.