| Citation(s) |
|---|
| 2014 SLG 2625 2014 SLD 2625 2014 CLC 174 |
Sindh High Court
Constitutional Petitions Nos. D-3737 and D-3981 of 2013,decided on 31st October, 2013.
AQEEL AHMED ABBASI AND MUHAMMAD, JUNAID GHAFFAR, JJ
Constitutional Petitions Nos. D-3737 and D-3981 of 2013,decided on 31st October, 2013.
AQEEL AHMED ABBASI AND MUHAMMAD, JUNAID GHAFFAR, JJ
Messrs SHAHBAZ ENTERPRISES through Authorised Officer and anothersvsGOVERNMENT OF Sindh court through Secretary, Local Government Department, Karachi and others
Law:
Section:
(a) Sindh Local Government (Imposition of Taxes) Rules, 2001--- ----R. 7---Sindh Public Procurement Rules, 2010, R.17(1)---Constitution of Pakistan, Art. 199---Constitutional petition---Contract awarded by Municipal Corporation for collecting fee from Cattle Piri in Metropolis---Imposition of tax on entrance of cattle in Cattle Piri at Baldia Town through notification issued by Administrator---Validity---Tax imposed through impugned notification was different and distinct from fee being collected by Corporation at Toll Plaza, Super Highway for providing health services to owners of Milching animals in order to avoid their entry and sale/purchase of unhealthy animals in City---Both such levies being charged separately for different purposes under lawful authority could not be regarded as double taxation---High Court dismissed constitutional petition in circumstances. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition---"Aggrieved person"---Public auction---Bidding process was challenged by a person who had not participated in the bidding---Such person could not be considered as an "aggrieved person"---Constitutional petition was dismissed in circumstances. (c) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Concealment of material facts by petitioner---Effect---Such conduct of petitioner would disentitle him from claiming discretionary relief under Art.199 of the Constitution---High Court dismissed constitutional petition in circumstances. ORDER AQEEL AHMED ABBASI, J.--- By consent of learned counsel for the parties we would dispose of both these petitions at Katcha Peshi stage through common order. 2. Briefly the relevant facts for the disposal of both the petitions are that Messrs Shahbaz Enterprises filed a Const. Petition i.e. C.P.D-3737 of 2013 on 17-9-2013 with the following prayer:--- (i) Declare that a valid contract, being performed according to contractual stipulations stricto sensu, cannot be rescinded, annulled, withdrawn or cancelled by the respondents, as it would tantamount to taking away validly acquired vested rights, to the utmost detriment of the petitioners. (ii) Direct the respondents to allow and…
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