Law: General Clauses Act, 1897

Section: 24A

Law: Constitution of Pakistan, 1973

Section: 4,199

(a) General Clauses Act (X of 1897)--- ----S.24-A---Constitution of Pakistan (1973), Arts.4 and 199---Constitutional petition---Failure of Tehsildar and Patwari to provide petitioner Fard of his land-- Validity---Nobody is above law---Duty and obligation of public functionaries was to decide applications of citizens without fear, favour, nepotism, with reasons and within reasonable time---High Court directed Chief Secretary and concerned Deputy District Officer (Revenue) to look into matter and issue necessary instructions to all concerned to decide applications of citizens without fear, favour, nepotism and within reasonable time. Messrs Airport Support Service v. The Airport Manager Karachi 1998 SCMR 2268 and Ch. Zahoor Elahi's case PLD 1975 SC 383 rel. (b) Administrative decision--- ---- Nobody should be penalized for inaction of public functionaries. Messrs Airport Support Service v. The Airport Manager Karachi 1998 SCMR 2268 rel. THIS ORDER PASSED BY: CH. IJAZ AHMAD, JUSTICE:---.--- The sole grievance of the petitioner is that the petitioner approached respondents Nos.2 and 3 to secure Fard for the record of the land in-question. Respondents Nos.2 and 3 failed to decide the application of the petitioner. The petitioner being aggrieved filed an application before respondent No. 1, who also did not decide the same till date. The petitioner being aggrieved filed this writ petition. 2. The learned counsel of the petitioner submits that it is the duty and obligation of public functionaries to decide the applications of the citizens without fear, favour, nepotism, with reasons and within reasonable time. 3. Mr. Muhammad Hanif Khatana, Additional Advocate-General entered appearance on Court's call, he submits that writ petition is not maintainable. 4. I have given my anxious consideration to the contentions of the learned counsel of the parties and perused the record. 5. It is settled principle of law that it is the duty and obligation of public functionaries to decide the application of the citizens without fear, favour, nepotism, with reasons and within reasonable time as is envisaged by Article 4 of the Constitution read with section 24-A of the General…

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