Case Details

Citation(s)
2013 SLG 1336 2013 SLD 1336 2013 MLD 104
Lahore High Court
Writ Petition No. 23295 and Civil Miscellaneous No. 2 of 2011, decision Dated: 05-01-2012.
SH. AHMAD FAROOQ, JUSTICE
Dr. Muhammad Akram Saleemi for Petitioner. Agha Abul Hassan Arif for
Respondents. Qazi Misbah-ul-Hassan for
Respondent No.5.

JAVAID IQBAL

VS

PUNJAB TEXTBOOK BOARD AND 4 OTHERS

Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: 151

Constitution of Pakistan--- ----Art.199---Civil Procedure Code (V of 1908), S.151---Constitutional petition---Interim relief---Principle---Public interest---Petitioner sought restraining of authorities from issuing printing order to respondent in respect of a book for academic year 2012-2013---Validity---In absence of any lawful ground, authorities could not be restrained from issuing printing order in favour of respondent---Issuance of any stay order regarding printing of the book by respondent would amount to granting main relief to the petitioner---As the academic year, 2012-2013 would start from 1st of March, 2012, restraining the respondent from printing approved book in question would be against public interest---High Court declined to grant any restraining order in favour of petitioner against printing of book in question---Application was dismissed in circumstances. THIS ORDER PASSED BY: SH. AHMAD FAROOQ, JUSTICE:---.--- Through the instant civil miscellaneous petition, the petitioner has prayed for restraining the respondents from issuing printing order in favour of respondent No.5 in respect of book of Chemistry for Class-IX (Urdu and English edition) till the final disposal of the main writ petition. 2. The learned counsel for the petitioner contended that during the academic session 2011-2012 the petitioner was granted print order of textbook of Chemistry for class IX, both in English and Urdu version, and out of the printed books at present 65000 books are still available in the stock. He further contended that the petitioner has also paid royalties regarding those books to the Punjab Text Book Board. He submitted that if prior to the consumption of the aforesaid stock of 65000 the respondents are not restrained from issuing print order to respondent No.5, the petitioner is bound to suffer an irreparable loss and injury. 3. Conversely, the learned counsel for respondent No.5 has opposed the instant petition by contending that the…
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