Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Maintainability---Aggrieved person---Alternate remedy---Auction of Stand/Adda by Tehsil Municipal Administration---Double taxation---Scope---Contention of petitioner was that Bus Stands situated within the premises of Adda were part and parcel of the Adda and auction of stands was based on mala fide and was against law---Validity---Stands situated within the premises of Adda were part and parcel of Adda---Only Adda was auctioned and stands were not auctioned individually and minor fraction of amount from the tickets was spent on the welfare and needs of the transporters community---Petitioner was Chairman of Transporters Association registered with the Registrar of Trade Unions and was an "aggrieved person"---Auction was intended as some unauthorized persons were making illegal recoveries which were against the law---Auction was with regard to terminals within the Bus Stand---When Bus Stand had been auctioned then auctioning of its terminals in such a way would amount to double taxation which was prohibited under the law---Vehicles would have to pay once on coming out of terminal to the new contractor under the present auction and would have to pay second time while coming out of main Adda to the previous contractor and general public would suffer and would be taxed twice---When action was without jurisdiction and was illegal then it was not necessary to avail "alternate remedy"---Impugned action of Authority auctioning the terminals inside the Bus Adda was illegal and wrong---All the proceedings including award of contract were declared void and were cancelled---Constitutional petition was accepted in circumstances. Pakistan Industrial Development Corporation v. Pakistan through the Secretary, Ministry of Finance 1992 SCMR 891; Muhammad Afzal and others v. Government of Pakistan and others 1987 SCMR 2078; Muhammad Azhar Siddique v. Government of Punjab through Chief Secretary Lahore and 18 others PLD 2010 Lah. 138; PLD 1986 Kar. 68 and 2004 CLC 1104 rel. JUDGMENT WAQAR AHMAD SETH, J.---Muhammad Farooq petitioner seeks the constitutional jurisdiction of this Court praying for:-- "that on…

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