IFTIKHAR MUHAMMAD CHAUDHRY, J. -- This petition has been filed to seek leave to appeal against order dated December 11, 2000 whereby Review Application No. 164 of 2000 filed by petitioner has been dismissed.
2.. Precisely stating facts of the case are that Writ Petition No. 12126/1980 filed by petitioner to challenge order dated 18.6.1979 passed by Deputy Commissioner/Collector, order dated 15.1.1989 passed by Additional Chief Land Commissioner and order dated 20.8.1980 passed by Federal Land Commissioner was dismissed on 10th July, 2000. It may be noted that copy of this order has not been filed alongwith the petition. Petitioner submitted a review Application No. 164 of 2000 for restoration of the petition in which perhaps only one ground was agitated that the writ was to be heard by a Division Bench of the High Court but it has been dismissed by learned Single Judge. The argument so advanced was not accepted by learned High Court in view of the judgment of this Court reported in PLD 1973 S.C. 368). As such instant petition has been filed.
Learned counsel for petitioner stated that on 10th July 2000, counsel for petitioner Sardar Latif Khan Khosa could not appear before the High Court because he was appearing before Supreme Court as per contents of review application. We inquired from the learned counsel as to whether cause of the cases in which Sardar Latif Khosa alongwith the order sheet showing his attendance before the Court or at-least affidavit of the counsel to substantiate the plea has been filed. He said that no such document has been placed on record.
3. In view of such situation we are of the opinion that no indulgence can be shown by this Court for setting aside order dated 10th July, 2000. Even otherwise review application has also been dismissed in view of the judgment of this Court in the case of Muhammad Ashfaq v. The State (PLD 1973 S.C. 368) because before the High Court no other point was agitated except that writ petition was to be heard by a Division Bench and not a Single Judge.