Law: Punjab National Calamities (Prevention and Relief) Act, 1958

Section: 4,8

Law: Law Reforms Ordinance, 1972

Section: 3(2)

Punjab National Calamities (Prevention and Relief) Act (XXXIII of 1958)--- ----Ss.4 8---Law Reforms Ordinance (XII of 1972), S.3(2) proviso---Intra Court Appeal---Maintainability---Words proceedings and original order---Connotation---National calamity, prevention and relief s were engaged in business of running brick kilns operating on old methodology s were aggrieved of the notification issued by authorities to convert all brick kilns to zigzag methodology so as to counter smog---Validity---Word proceedings included every step taken towards further progress by which machinery of law was put to motion and original order was the order passed by the lowest officer or authority in the hierarchy---Test was that as to whether original order passed in proceedings was subject to an appeal or a revision under relevant law, irrespective of the fact whether remedy of appeal or revision so provided was availed or not---Right of revision was available under S.8 of Punjab National Calamities (Prevention and Relief) Act, 1958, against order passed by Relief Commissioner---As revision was provided against orders passed by Relief Commissioner, Punjab, therefore, no Intra Court Appeal could be filed under S.3 of Law Reforms Ordinance, 1972---Intra Court Appeal was dismissed in circumstances. Mst. Karim Bibi and others v. Hussain Bakhsh and another PLD 1984 SC 344 fol. ORDER This Intra Court Appeal has been filed against the order dated 03.11.2020 passed by the learned Single Judge in Chambers in Writ Petition No.2644 of 2020, whereby the Constitutional Petition filed by the appellants was dismissed. 2. The brief facts, necessary for the disposal of the instant appeal, are that the appellants are engaged in the business of running brick kilns within the District Rawalpindi. That the Relief Commissioner, Government of Punjab, in exercise of the powers vested under section 4(2)(h) of the Punjab National Calamities (Prevention and Relief Act,1958) vide order dated 15th October, 2020 ordered that all the brick kilns built on old methodology shall not be allowed to operate with effect from 7th November, 2020 to 31st December, 2020 in accordance with the order dated 17.09.2020 passed…

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