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Petitioner: NIAMAT KHAN And Another VS Respondent: THE STATE Through Enforcement Staff, Evacuee Property, Lahore And Other
Court Name: Supreme Court of Pakistan Judge(s): Aslam Riaz Hussain, Saad Saood Jan Title:NIAMAT KHAN And Another vs THE STATE Through Enforcement Staff,
Evacuee Property, Lahore And Other Case No.:Civil Petition for Special Leave to Appeal No. 267 of 1987 Writ Petition No. 168-R of 1979 Date of Judgment:1987-05-16 Reported As: 1987 SCMR 1468 Result: Petition dismissed Judgment ORDER SAAD SAOOD JAN, J.--This petition for special leave to appeal is from the order dated 15-3-1987 of the Lahore High Court, Lahore whereby the constitutional petition of the petitioners from the orders of the settlement authorities was dismissed. 2. Prior to the filing of the present writ petition the petitioners had filed another writ petition (W.P. No. 43-R/75) which was dismissed on 6-5-1975 for want of prosecution as well as for failure on the part of the petitioners to deposit the process-fee. On 21-6-1975 they moved an application for restoration of the writ petition but it was dismissed in default on 3-7-1975. They then filed another application for the restoration of the writ petition but before it could come up for hearing they filed the present constitutional petition. On 28-2-1979 they withdrew the application for the restoration of the earlier writ petition. The High Court declined to entertain the present constitutional petition inter alia on the ground that the petitioners had been grossly negligent in pursuing the earlier writ petition and the applications for the restoration thereof. 3. It is to be noticed that the constitutional jurisdiction of the High Court is of a discretionay nature and the High Court has given substantial reasons for not entertaining the second constitutional petition. We are therefore not prepared to interfere with the order of the High Court. The petition is accordingly dismissed.