Case Details

Citation(s)
2017 SLG 2355 2017 SLD 2355 2017 YLR 1052
Sindh High Court
C.P. No. D-5388 of 2013, decided & hearing on 22-9-2016.
AQEEL AHMED ABBASI, JUSTICE, ABDUL MAALIK GADDI, JUSTICE
Ahmed Ali Ghumro for Petitioner. Saifullah, A.A.G. for the State.

MOHAN MAL THROUGH ATTORNEY

VS

GOVERNMENT OF SINDH THROUGH SECRETARY EXCISE AND TAXATION AND 2 OTHERS

Law:

Section:

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Cause of action---Absence---Petitioner assailed letter issued by authorities allowing him to make payment of outstanding amount of license renewal fee for 12 years---Validity---No lawful cause of action was pointed out by petitioner nor any order was assailed which required interference of High Court under its Constitutional jurisdiction---Constitutional petition was dismissed in circumstances. THIS ORDER PASSED BY: AQEEL AHMED ABBASI, JUSTICE:--- .--- Through instant petition, the petitioner has sought following relief:-- "a) To hold and declare that the letter No. DG-2 (493)/ 97-Excise/ 3954 dated 19 July, 2013 issued from the office DIRECTORATE GENERAL EXCISE AND TAXATION SINDH KARACHI to the extent that the payment of amount of Rs.40,00,000/- as renewal fee of License in installment of Rs.1,00,000/- by the petitioner is illegal, unlawful, arbitrary and the respondents are not entitled to collect/receive the said amount from the petitioner. b) To hold and declare that the treats issued by the respondent side on 9.12.2013 at about 2.00 p.m. to cancel the license and sealed the business place/liquor shop situated at Shahdadpur are illegal, unlawful arbitrary and violation of Principle of Natural Justice. c) To direct the respondents to return/refund the License fee amount of Rs.19,50,000/- (Rupees Nineteen Lacs and fifty thousand only) collected/received from the petitioner by the respondents. d) To restrain the respondents from collecting/receiving the license fee from the year 1999 to July, 2012 and the petitioner is liable to pay/deposit license fee from August, 2012 onward. e) To grant any other better further relief/reliefs which this Hon'ble Court may deem fit and proper under the circumstances of the case." 2. Notices were issued, pursuant to which, comments have been filed on behalf of respondents along with annexures, wherein, it has been stated that through impugned letter dated 19.07.2012, the petitioner has been in fact accommodated and permitted to make payment of outstanding amount of Rs.40,00,000/- on account of license renewal fee for the financial year 1999-2000 to 2011-2012…
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