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Petitioner: JALA VS Respondent: MEMBER (COLONIES), BOARD OF REVENUE, 'PUNJAB, LAHOREHonorable Justice Nasim Hasan Shah
1988 S C M R 556
1988 S C M R 556
Present: Nasim Hasan Shah and Saad Saood Jan, J-J
JALA--Petitioner
versus
MEMBER (COLONIES), BOARD OF REVENUE, PUNJAB, LAHORE and others--Respondents
Civil Petition No.1302 of 1980, decided on 22nd February, 1988.
(On appeal from the judgment dated 27-7-1980 of the Lahore High Court, Lahore in Writ Petition No.6874 of 1979).
Constitution of Pakistan (1973)--
---Art.185(3)--Leave to appeal, grant of--Common question of law- Number of writ petitions involving same questions of law decided by a common judgment--Connected petition for leave to appeal against common judgment already dismissed by a detailed order--Petition calling in question same order of High Court not to succeed in view of previous dismissal of similar petition--Petition dismissed.
Khuda Bakhsh v. Member (Colonies), Board of Revenue and others 1981 S C M R 1134 ref.
Ch. Muhammad Ashraf Azeem, Advocate Supreme Court and M.Aslam Ch., Advocate- on-Record for Petitioners. Nemo for Respondents.
Date of hearing: 22nd February, 1988.
ORDER NASIM HASAN SHAH, J.--This petition for leave is directed against the order of a learned Single Judge of the Lahore High Court passed on 27-7-1980 in Writ Petition No.6874 of 1979. This writ petition was heard alongwith Writ Petition No.1355 of 1979, Writ Petition No.1356 of 1979 and Writ Petition No.4923 of 1979, as common questions of law were involved in all these writ petitions and all of them were disposed of by a common judgment.
It appears that a petition for leave was filed in this Court against the order passed in Writ Petition No.1355 of 1979, namely, Civil Petition No.1214 of 1980. This came up for hearing before a Bench of this Court (consisting of Aslam Riaz Hussain, Muhammad Afzal Zullah and Nasim Hasan Shah, JJ.) on 14-10-1980. Somehow, the present petition for leave, namely, Civil Petition No.1302 of 1980 was not put up by the office alongwith the above-mentioned Civil Petition No.1214 of 1980, although both were directed against the same judgment of the High Court.
Be that as it may, Civil Petition No.1214 of 1980 has been dismissed by a detailed order and the same is reported as Khuda Bakhsh v. Member (Colonies), Board of Revenue and others 1981 SCMR 1134.
As this petition calls in question the same order of the High Court, it cannot succeed in view of our judgment in Khuda Bakhsh's case 1981 S C M R 1134, wherein the challenge mounted to the correctness of this order was found to be infirm.
The upshot is that this petition also fails and is dismissed hereby. M.I. /J-17/S Petition dismissed.