JUNAID ABBASI vs AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR art

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JUNAID ABBASI VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR art. 44(2)---Writ jurisdiction of High Court, azad Jammu & Kashmir (aJ&K)---Scope---Law shut its eyes from a person who himself sleeps over his/her rights and thereafter tries to seek aid after deep slumber. Head NotesCase Description Citation Name: 2023 PLD 116 HIGH-COURT-AZAD-KASHMIRBookmark this Case JUNAID ABBASI VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR art. 44(2)---Writ petition---Laches, doctrine of---Public auction of Government property---Bid money, withdrawal of---No locus standi to challenge auction proceedings---Scope---Plot in question, which belonged to a department of the Government of azad Jammu and Kashmir (aJ&K), was sold out through a public auction---Petitioner, who claimed to be the second highest bidder for the plot, challenged the auction proceedings---Held, that petitioner never remained a successful bidder in the first auction, while the successful bidder also failed to comply with the terms of bid, which ensued into a second bid process, which too had a similar fate---Third auction proceedings were conducted after giving advertisement for auction in a newspaper, however, in the said auction proceedings, petitioner did not participate, and one of the respondents was declared successful bidder ('the successful bidder')---Final acceptance of bid of successful bidder was issued including the payments' schedule, which had further been confirmed by the Cabinet of aJ&K Government---Said aspects postulated that the bid had been conducted in an open manner, wherein petitioner had not participated in any manner---Record further postulated that petitioner was part of 1st auction proceedings, whereby he himself withdrew his initial seed money, hence, his legal right to challenge the auction proceedings could not survive---Plot in question was sold out to the successful bidder and payment had also been made by it and the said plot had also been transferred to it, hence, present writ petition had also been filed at belated stage, and was hit by the doctrine of laches---Petitioner in 1st round of litigation approached the Islamabad High Court by filing a writ petition---after dismissal of the same, he opted to switch over and filed the present writ petition after about 05 years---Writ petition was dismissed. Head NotesCase Description Citation Name: 2023 PLD 116 HIGH-COURT-AZAD-KASHMIRBookmark this Case JUNAID ABBASI VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR art. 44(2)---Writ jurisdiction of High Court, azad Jammu and Kashmir (aJ&K)---Scope---Relief in writ jurisdiction is equitable in its nature, and the person who asks for such relief must come promptly with clean hands in the attire of bona-fide, that too by following and observing all the protocols required to be adhered to, qua equitable relief i.e. delay defeats equity; he who seeks equity must come with clean hands; and law helps vigilant and lulls indolent. Head NotesCase Description

JUNAID ABBASI vs AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR art — 2023 PLD 116 HIGH-COURT-AZAD-KASHMIR

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