MUHAMMAD AFZAL JAMI vs PROVINCE OF BALOCHISTAN through Senior Member, Board of Revenue, Balochistan R

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MUHAMMAD AFZAL JAMI VS PROVINCE OF BALOCHISTAN through Senior Member, Board of Revenue, Balochistan R. 149---Constitution of Pakistan, Arts. 29, 30 & 199---Contract Act (IX of 1872), S.23---Constitutional petition---Maintainability---Compromise between the litigants and lawyer qua transfer of certain land as remuneration/professional legal fee---Legality---Issuance of notification by Revenue Department declaring the land settlement work carried out in the concerned Mauza as null and void---Principle of laches---Claim of the petitioner/lawyer was that Fard qua the land mutated to him in lieu of remuneration was not issued to him---Validity---Petitioner, who was a practicing lawyer, had himself admitted that he had received the property in question in lieu of his remuneration, which R. 149 of the Pakistan Legal Practitioners and Bar Councils Rules, 1976 (Rules) had specifically prohibited, thus, the transaction carried out was not only against R. 149 of the Rules, but against the Principles of Policy enshrined in Arts. 29 & 30 of the Constitution, as the consideration in the agreement between the petitioner, as a practicing lawyer, and certain litigants was unlawful in view of said Rule---Thus, the said agreement was void in terms of S. 23 of the Contract Act, 1872---Petitioner had not uttered a single word about the status of the original property owners of the property in question---Since the petitioner had derived his title from the plaintiffs of the civil suit/original owners, thus, it was incumbent upon the petitioner to prove that in fact the said owners, in the subsequent settlement proceedings, were also declared as owners, as the petitioner, on his own, had not asserted any ancestral right in the property---Petitioner had the knowledge of the notification, but even then instead of challenging the same, accepted the same and participated in the settlement proceedings, so subsequently, when his name was not incorporated as the owner of certain land, he at a belated stage challenged the notification without explaining the legal justification of such long delay, thus, the petition suffered from laches---Constitutional petition was dismissed, in circumstances.

MUHAMMAD AFZAL JAMI vs PROVINCE OF BALOCHISTAN through Senior Member, Board of Revenue, Balochistan R — 2025 PLD 121 QUETTA-HIGH-COURT-BALOCHISTAN

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