Case Details

Citation(s)
2017 SLG 292 2017 SLD 292 2017 PLC 40

Writ Petition No. 2 of 2014, decided on 28th April, 2016. Date of hearing: 28th April, 2016.
MUHAMMAD ALAM, JUSTICE AND YAR MUHAMMAD, JUSTICE
Manzoor Ahmed, Basharat Ali and Sanaullah for Petitioners. Assistant Advocate General for
Respondents.

MOHAMMAD ALI AKHTAR AND 13 OTHERS

VS

. PROVINCIAL GOVERNMENT OF GILGIT-BALTISTAN THROUGH CHIEF SECRETARY AND 12 OTHERS

Law:

Section:

(a) Civil service------.----- ------.-------Terms and conditions for allotment of government accommodation------.-----Terms and conditions regarding allotment of government quarters------.-----Scope------.-----Petitioners had been termed as licensees and had never been accepted as tenants, and the Provincial Government and its officials, were the rightful custodians of the government quarters------.-----Licensees had no right whatsoever regarding allotment of any government quarter, except the use of the same till the same was in their possession, in the light of allotment order------.-----Petitioners had not shown that the allotments of the quarters to other persons was illegal------.-----Only embargo on the authorities was to make all allotments strictly in accordance with the merit------.-----Custodian and the licensee had contractual liabilities and duties to each other; therefore, constitutional petition was not maintainable to question such a relationship------.-----Writ petition was dismissed in circumstances. (b) Gilgit-Baltistan (Empowerment and Self Governance) Order, 2009------.----- ------.-------Art. 71------.-----Writ petition------.-----Restoration of petition subject to payment of cost which had not been paid------.-----Petitioners could not be heard by the Chief Court. THIS ORDER PASSED BY: MUHAMMAD ALAM, JUSTICE:------.----- Petitioners, who are government servants, have filed this petition with the following prayer:------.----- "Under the circumstances it is most humbly prayed that the instant writ petition may kindly be accepted while setting aside the impugned terms and conditions for allotment of government Quarters Vide Order No.DHAC-4(2)/2014 dated 19th March, 2014 framed by District House Allotment Committee Skardu by violating/ignoring all procedure and rules laid down for the purpose as well as the same was made back behind the petitioners while keeping them in darkness, which carries no value in the eye of law, having no legal protection and worst method and allotment order of respondents Nos.5 to 12 is liable to be cancel. The impugned Terms and Conditions is also unjust, unlawful, miss-use of power and a stabbing on the lawful…
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