| Citation(s) |
|---|
| 2017 SLG 2233 2017 SLD 2233 2017 CLC 1023 |
Sindh High Court
C.P. No. D-4490 of 2013, decided & hearing on 2-2-2017.
NADEEM AKHTAR, JUSTICE, FAHIM AHMED SIDDIQUI, JUSTICE
Hakim Ali Khan for Petitioner. Iqbal Khurram for KMC.
C.P. No. D-4490 of 2013, decided & hearing on 2-2-2017.
NADEEM AKHTAR, JUSTICE, FAHIM AHMED SIDDIQUI, JUSTICE
Hakim Ali Khan for Petitioner. Iqbal Khurram for KMC.
MESSRS I.S.M. HOSPITAL THROUGH AUTHORIZED PERSON
VS
PROVINCE OF SINDH AND 3 OTHERS THROUGH CHIEF SECRETARY
Law:
Section:
Constitution of Pakistan--- ----Art. 199--- Constitutional petition--- Maintainability--- Petitioner, status of---Non-legal entity---Constitutional petition was filed by a hospital challenging demand notice for payment of certain municipality charges---Hospital in question was neither a firm nor a registered body---Constitutional petition could not be filed by a hospital, which was neither a company nor an association and as such was not a legal entity---Constitutional petition was dismissed accordingly. THIS JUDGMENT DELIVERED BY: FAHIM AHMED SIDDIQUI. JUSTICE:---.--- Through the impugned Notice dated 08.07.2013 (annexure-P/2 at page 27), the respondents have demanded an amount of Rs.13,43,925/- as Municipal Utility Service Charges (MUCT). It is worth noting that in the title of the petition, the petitioner is shown as a hospital, as the office has not raised any objection in this respect, this court has passed the following order on 28-10-2014:- "We have asked counsel for the petitioner to let us know the status of the petitioner. Initially, he contended that the petitioner is a proprietary concern and Shoaib Alamgir is its proprietor but the title of the petition reflects that Shoaib Alamgir is the authorized person. Even the authority letter at page 21 reflects that Admin has appointed Shoaib Alamgir. Since the status of the petitioner is unascertained, let in the first instance the status of the petitioner be intimated. Office to explain as to how this petition has been entertained without clarification of the petitioner's title. To come up on 6th November, 2014." 2. Although, in this matter respondents have filed their comments. but the petitioner could not satisfy the court regarding the objection dated 28-10-2014. Time and again the instant petition came up for hearing and on 6-11-2014. one Shoaib Alamgir appeared before this Court and he requested to amend the title. On his statement, the title of the petition was allowed to be amended, in the following terms.…
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