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1991 SCMR 1892

MUHAMMAD SHARIF vs SARDAR And 8 Other

Citation1991 SCMR 1892
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No.937 of 1986 Writ Petition No.2133 of 1986
Date1991-10-23
Judge(s)Muhammad Afzal Zullah, Saad Saood Jan
ResultLeave refused

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal has been sought in a consolidation matter; against the dismissal by the High Court, of petitioner's Constitutional Petition.

2. The only question involved is of fact: as to whether, the petitioner had withdrawn his appeal before the Collector or not: The High Court held the inquiry wherein the Collector stated that .The petitioner had withdrawn the appeal. The argument of the learned counsel that there was no justifiable reason for the petitioner, in the circumstances of this case, to have withdrawn the appeal, relates to the motive and intention of the petitioner with which the High Court was not concerned. The finding of fact on the controversial question of actual withdrawal being against the petitioner, we do not find any justification for grant of leave to appeal, the same, accordingly, is refused.

3. However, before closing this order it needs to be noticed that on the announcement of the order the learned counsel made a request that an observation may be made that the petitioner might seek remedies before Criminal and/or Civil Courts. In the circumstances of this case it would not be proper to make any such observation without further proper hearing in this behalf; because, it might involve the examination of a further question; whether, the Collector made incorrect record and similarly incorrect statement and thus he may be guilty of falsification of record and that of perjury. If so advised the petitioner may make an independent application in that behalf. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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