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2010 YLR 958

Syed MUHAMMAD AMIN SHAH and anothers vs MUHAMMAD IHSAN and

Citation2010 YLR 958
CourtLahore High Court
Case No.Writ Petition No,685 of 2010
Date2010-02-04
Judge(s)Khawaja Muhammad Sharif
ResultPetition dismissed

ORDER

'KHAWAJA MUHAMMAD SHARIF, C.J.---This is second writ petition. Earlier Writ Petition No,4030 of 2006 filed by Allah Rakha was disposed of on 20-6-2006. Although lengthy arguments have been made by learned counsel for the petitioners but on the other hand, Sh. Naveed Sheheryar, Advocate on behalf of the respondent submits that Syed Muhammad Amin Shah on whose behalf Syed Allah Rakha has filed this writ petition, is an absconder in case F.I.R. No, 96 of 2006 dated 1-12- 2006 registered under sections 420, 468, 471 P.P.C. Read with section 5(2) 47 Prevention of Corruption Act. He further submits that how an absconder or any other on his behalf can file writ petition. Also submits that no general or special power of attorney on behalf of Syed Muhammad Amin Shah has been filed by Syed Allah Rakha Petitioner No,2, that an agreement to sell is on plane paper and on the said basis petitioner No,l is claiming the rights of the house in dispute. Adds that even in the body of the writ petition, it has not been mentioned by the learned counsel for the petitioners that Syed Allah Rakha petitioner No,2 is authorized to file the writ petition. He has relied upon ..PLD 2001 Lahore 834, 2000 CLC 572 and PLD 2004 Karachi 17.

2. Learned Advocate-General Punjab supports the contentions raised. By learned counsel for the respondent.

3. Heard. I would not like to dilate upon the facts and merits of the case but the fact remains that Syed Muhammad Amin Shah petitioner No,1 is proclaimed offender and is not available in Pakistan.

No general or special power of attorney has been placed on record by Syed Allah Rakha petitioner No,2 and even nothing has been mentioned in the whole writ petition that petitioner No,2 is authorized to file this writ petition, therefore, the same is dismissed.

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