Law:

Section:

Pakistan Railways Code for the Engineering Department--- ----Item No. 1961---Railway quarter let out to an outsider---Pre-requisites---Consultation of General Manager, Railways with the Financial Advisor---Highest rent that could be secured---Respondent, who was a bailiff of the High Court, was allotted a Railway quarter vide an agreement---After expiry of agreement, when respondent was serviced with a vacation notice, he filed a suit for declaration and permanent injunction, which was decreed by the civil court---Held, that in terms of Item No. 1961 of the Pakistan Railways Code for the Engineering Department ('the Code'), Railways quarters and other building, which were not required for housing of railway staff or other railway purposes may at the discretion of the General Manager be let, in consultation with the Financial Advisor, to outsiders, on the highest rent that could be secured---In the present case, counsel for respondent was unable to show any approval of General Manager in consultation with the Financial Advisor for letting out the quarters to the respondent---Manner by which the highest rent was secured was also not explained to the court---Unless the quarter was offered by publication for obtaining of highest rent it was not understandable as to how the amount of highest rent could be determined---Two essential conditions for letting out the quarter in question apparently were not met, and there seemed to be letting out of the said quarter to the respondent on mere asking---Such manner of allotment to the respondent was not in accordance with the "Code" and thus was a nullity in the eye of law---Unless the requirement of the "Code" was met in toto the letting out of the quarter in question could not be held as legal and the respondent could not claim any right over it---Judgments/decrees of all the Courts below were set aside---Petition for leave to appeal was converted into appeal and allowed accordingly. THIS ORDER PASSED BY: GULZAR AHMED, JUSTICE:---.--- The respondent, who is working as a Bailiff in the High Court of Balochistan, Quetta was allotted Quarter No. 534-A in the Railway Colony, Quetta. This allotment appears to have been made…

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