Javed Iqbal, J.--Heard learned ASC for the petitioner at length and perused the record vigilantly.
The pivotal question which needs determination would be as to whether the petition preferred under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 (hereinafter referred toas the Constitution) can be converted into appeal under Article 185(2) (d) of the Constitution and delay can be condoned merely on account of conversion of petition into an appeal or otherwise? It may not be out of place to mention here that the views on the above formulated points are divergent as expressed in different cases which are mentioned herein below:-- Zafar Iqbal Hameed Khan v. Ashiq Hussain (2005 SCM R 1371), Haji Muhammad Nawaz v. Hussain Shah (1990 SCM R 1621), Chairman NWFP v. Khurshid Anwar Khan (1992 SCM R 1202), Inayat Ullah Khan v. Obaidullah Khan (1999 SCM R 2702). Sardar Abdur Rauf Khan v. The Land Acquisition Collector/Deputy Commissioner, Abbottabad (1991 SCM R 2164), Province of Punjab v. Muhammad Akram (1998 SCM R 2306). Pakistan v. Waliullah Sufyani (PLD 1965 SC 310), Paresh Chandra Biswa sh v. Tapen Kanti Choudhry (PLD 1963 SC 598), T.N. Anaami v. Rcvoluei (AIR 1972 SC 42), Ramanbhai Ashabhai Patel v. Debhi Ajitkumar (AIR 1965 SC 669), Province of West Pakistan v. Associated Hotels of India Limited (1973 SCM R 367), Abdul Rauf Khan v. Land Acquisition Collector (1992 SCM R 1181)
Taza Gut v. Fazal Subhan (2006 SCM R 504), Muhammad Nawaz v. Sardara (2008 SCMR 1993).
2. In the light of what has been discussed herein above, leave to appeal is granted to examine the above formulated legal propositions.