| Citation(s) |
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| 2025 SLG 676 2025 SLD 676 = 2025 PLJ 7 |
Civil PLA No. 680 & Civil Misc. No. 474 of 2023, decided on 29.11.2023. (Against the judgment of the High Court dated 01.09.2023 in Writ Petition No. 3889 of 2022)
Present: Raja Saeed Akram Khan, C.J. and Kh. Muhammad Nasim, J.
Mr. Manzoor Hussain Raja and Raja Muhammad Mushtaq Khan, Advocates for Petitioners. Mr. Muhammad Asad Khan and Sardar Abdul Sammie Khan, Advocates for
Respondents.
IMTIAZ HUSSAIN SHAH and 15 others--Petitioners
VERSUS
SECRETARY PUBLIC WORKS DEPARTMENT HIGHWAY DIVISION OF AZAD JAMMU AND KASHMIR and 18 others--Respondents
Law: Civil Procedure Code (V of 1908)
Section: 91,I,8
Law: General Clauses Act, 1897
Section: X,2(44)
Law: Penal Code (XLV of 1860)
Section: 9,268
Summary:
The petitioners filed a writ petition in a representative capacity against a project for reconditioning a road, alleging deviation from the approved project. However, they did not obtain the required permission from the Advocate General (AG) or the court, as mandated under Section 91 and Order I, Rule 8 of the Civil Procedure Code (CPC), 1908.
The court held that the petition was not maintainable due to non-compliance with legal provisions, irrespective of the case's merits. Furthermore, public nuisance was cited under Section 268 of the Pakistan Penal Code (PPC), 1860, which also requires AG’s consent for legal action under Section 91 of the CPC.
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