| Citation(s) |
|---|
| 2012 SLG 1244 2012 SLD 1244 2012 CLD 1405 |
Lahore High Court
Writ Petitions Nos.14930, 14866, 15529, 14275 and 12619 of 2010, decision dated: 16-07-2010
IQBAL HAMEED-UR-RAHMAN, JUSTICE
S. Hamid Raza Bukhari for Petitioner. Raja Nadeem Haider, Additional A.G. for
Respondent. Syed Sibte Hasan, Assistant Office of the Cane Commissioner, Punjab.
Writ Petitions Nos.14930, 14866, 15529, 14275 and 12619 of 2010, decision dated: 16-07-2010
IQBAL HAMEED-UR-RAHMAN, JUSTICE
S. Hamid Raza Bukhari for Petitioner. Raja Nadeem Haider, Additional A.G. for
Respondent. Syed Sibte Hasan, Assistant Office of the Cane Commissioner, Punjab.
SHAUKAT MEHMOOD
VS
GOVERNMENT OF PUNJAB THROUGH SECRETARY AGRICULTURE AND 6 OTHERS
Law: Punjab Sugar Factories Control Rules, 1950
Section: 14
West Pakistan Sugar Factories Control Act, (XXII of 1950)--S. 14(2)---West Pakistan Sugar Factories Control Rules, 1950, R.6(2)--- Constitution of Pakistan, Art.199---Constitutional Petition---Petitioners, sugar cane growers, sought a direction to the Cane Commissioner, Punjab to effect recovery of the dues of petitioners from the sugar mill owners---Validity---High Court directed the Cane Commissioner, Punjab to proceed against the sugar mill owners, and exercise all powers available to him through the provisions of the Punjab Sugar Factories Control Act, 1950; which empowered the Cane Commissioner to act as a Collector for the recovery of such dues of the petitioners in an expeditious manner, and under the provisions of the West Pakistan Land Revenue Act, 1967, and to adopt different modes he was provided in law for effecting recovery of the dues of the petitioners and may even proceed with initiating the criminal proceedings against the sugar mill owners---Constitutional petition was disposed of accordingly. ORDER IQBAL HAMEED-UR-RAHMAN, J.---By this single judgment I intend to decide the following writ petitions in which common question of law and facts is involved:-- (i) W.P. No.14930 of 2010; (ii) W.P. No.14866 of 2010; (iii) W.P. No.15529 of 2010; (iv) W.P. No.14275 of 2010; and (v) W.P. No.12619 of 2010 2. The grievances of the petitioners in these writ petitions are that they being cultivators and growers of sugarcane supplied the sugarcane to the different Sugar Mill owners including the respondents for the year 2009-2010. It is further stated that in spite of the supply duly accepted by the Sugar Mill owners for which the petitioners were duly issued sugarcane purchase receipts in which the outstanding amounts have duly been mentioned with regard to their supplies as given in their writ petitions, respectively. 3. Learned counsel for the petitioners stated that on account of the non-payment by the respondents/mill owners, the petitioners approached the Cane Commissioner, Punjab, Lahore for redressal of their grievances, who is under a legal obligation in accordance with law to ensure that the respondents make payment of the price of the sugarcane…
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