| Citation(s) |
|---|
| 2022 SLG 2399 2022 SLD 2399 2022 CLC 928 |
Peshawar High Court
Writ Petition No. 5819-P of 2018, decided on 18th November,2021.
QAISER RASHID KHAN, CJ AND SHAKEEL AHMAD, J
Sardar Ali Raza, A.A.G. and Barrister Muhammad Ibrahim Khan and Qazi Jawad Ehsanullah (amici curiae) and Bilal Ahmad Durrani, Mashal Azam and Barrister Asad-ul-Mulk along with CFO, Haider Ali, Manager and Nusrat Ali Shah, Financing Billing WSSP for Respon
Writ Petition No. 5819-P of 2018, decided on 18th November,2021.
QAISER RASHID KHAN, CJ AND SHAKEEL AHMAD, J
Sardar Ali Raza, A.A.G. and Barrister Muhammad Ibrahim Khan and Qazi Jawad Ehsanullah (amici curiae) and Bilal Ahmad Durrani, Mashal Azam and Barrister Asad-ul-Mulk along with CFO, Haider Ali, Manager and Nusrat Ali Shah, Financing Billing WSSP for Respon
SHAHZADA SHAHPUR JANvsPROVINCE OF KHYBER PAKHTUNKHWA through Chief Secretary Government of Khyber Pakhtunkhwa Peshawar and 2 others
Law:
Section:
(a) Khyber Pakhtunkhwa Local Government Act (XXVIII of 2013)--- ----Ss.42, 66, 73, 117, 123---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Public Limited Company---Petitioners assailed functions of Water and Sanitation Services Peshawar (WSSP) a public limited company, before High Court in exercise of jurisdiction under Art.199 of the Constitution---Objection was raised by authorities to maintainability of petition---Validity---Respondent company was set up for performing functions, which were primarily those of the State or local government or Provincial Government---Petitioners also challenged action of WSSP to levy tax / fee and notifications issued by official respondents, purportedly authorizing WSSP to do that was amenable to judicial review---Objection to maintainability of Constitutional petition was not sustainable---Objection was overruled in circumstances. (b) Interpretation of statutes--- ----Fiscal statutes---Fee---Meaning---Fee is a consideration for services provided by government or its agencies or company or an organization or any person, as the case may be to the person from whom it is collected. Commissioner of Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar AIR 1954 SC 282; Government of Andhra Pradesh v. Hindustan Machine Tools AIR 1975 SC 2037 and Workers Welfare Funds Ministry of Human Resources Development, Islamabad through Secretary and others v. East Pakistan Chrome Tannery through GM (Finance) and others PLD 1917 SC 28 rel. (c) Khyber Pakhtunkhwa Local Government Act (XXVIII of 2013)--- ----Ss. 2(l), 42, 66, 73, 113, 123, 115-A [as inserted by Khyber Pakhtunkhwa Local Government (Amendment) Act (XXV of 2019)] Third Schedule---Notification No. WSSP/Revenue-Tariff/2017 dated 10-2-2017---Constitution of Pakistan, Art. 199--- Constitutional petition---Imposition of levy or increase in tax--- Outsourcing of power---Petitioners were getting supply of water from respondent company namely Water and Sanitation Services (WSSP), incorporated under the provisions of Khyber Pakhtunkhwa Local Government Act, 2013---Petitioners assailed imposition of levy and increase in taxes by respondent…
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