Law:

Section:

Punjab Land Use (Classification, Reclassification and Redevelop­ment) Rules, 2009--- ----R.6(c)---Law Reforms Ordinance (XII of 1972), S.3---Intra-Court Appeal---Single Judge of High Court while allowing the constitutional petition had directed Tehsil .Municipal Officer to issue "No Objection Certificate" to the present respondent for installation of CNG station in the residential area---Validity---Intra-Court Appeal, prima facie, was not main­tainable---However, Single Judge had passed the impugned order in undue haste without offering any opportunity to the appellant to file report and comments on the contents of the constitutional petition or even to go through the same---Said petition was presented before the Judge in chamber on 20-7-2009, notice was issued for 23-7-2009 which was conveyed telephonically without copy of the petition and impugned order had been passed on 23-7-2009---Idea of allowing a CNG station in an area of more than one kanal and two Marlas in a thickly populated area of the City could not be reconciled--CNG station had its own hazards which must be taken care of---Punjab Land Use (Classification, Reclassification and Redevelopment) Rules, 2009, had even not been considered while passing the impugned order---Without having resorted to the departmental remedy provided under the said Rules respondent had jumped to the constitutional jurisdiction of High Court wherein an hasty order had been passed---Impugned order was consequently set aside with the direction to the appellant to entertain the application of the petitioner and decide the same within 15 days---If such order was not favour-able to the respondent/petitioner, he should file appeal before departmental authorities under the Rules, which should be decided within 30 days---Intra-Court appeal was disposed of accordingly. Secretary Education (Schools), Government of Punjab, Civil Secretariat, Lahore and 2 others v. Tariq Mehmood, PTC Teacher 2005 PLC (C.S) 851 and Agha Muzamil Khan through General Attorney and 8 others v. Consolidation Officer, Lahore and 62 others PLD 2005 Lah. 422 ref. ORDER This Intra-Court Appeal is directed against order dated 23-7-2009, passed by the learned…

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