Law: Law Reforms Ordinance, 1972

Section: 3,3(2)

Law: Co-operative Societies Act, 1925

Section: 54

Law Reforms Ordinance (XII of 1972)--- ----S. 3---Co-operative Societies Act (VII of 1925), S.54---Punjab Private Site Development Schemes (Regulations) Rules, 2005, Rr.1(d) & 14---Constitution of Pakistan, Art.199---Intra court appeal---Maintainability---Open space specified for fruit garden in Master Plan of Housing Society---Leasing out such land by Society for establishing thereon a store---Constitutional petition challenging such agreement dismissed by Single Bench of High Court on ground of availability of an alternate remedy under relevant rules and laws---Writ petition had not challenged any order passed by Development Authority as defined in R.1(d) of Punjab Private Site Development Schemes (Regulations) Rules, 2005---Remedy of arbitration under S.54 of Co-operative Societies Act, 1925 could not be considered as a remedy falling within definition of "an appeal, revision or a review" as provided in first proviso to S.3(2) of Law Reforms Ordinance, 1972---Finding in impugned regarding availability of an alternate remedy to writ petitioner would not be binding on Division Bench of High Court while examining its correctness---Intra court appeal filed against impugned was maintainable, in circumstances. Mst. Karim Bibi and others v. Hussain Bakhsh and another PLD 1984 SC 344; Muhammad Abdullah v. Deputy Settlement Commissioner, Centre-I, Lahore PLD 1985 SC 107; Mst Nargis Khatoon v. Director General, Punjab Broadcasting Corporation and others 1994 PLC (C.S.) 735; Vice-Chancellor, University of Health Sciences v. Breeha Zainab and others 2011 MLD 1652 and Mst. Sabira Sultana v. Asif Firdous 2011 YLR 1543 ref. JUDGMENT NASIR SAEED SHEIKH, J.---This I.-C.A. is directed against the judgment dated 13-8-2007 passed by a learned single Judge of this Court in Writ Petition No.5245 of 2007. 2. Brief facts of the case forming basis of the instant I.-C.A. are that the appellants claimed to be the residents of Model Town Lahore which is a residential colony run and managed by a Co-operative Model Town Society. It was claimed by the appellants in the writ petition that in a portion of the Model Town Co-operative Society on the link roadside a space was specified in…

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