| Citation(s) |
|---|
| 2025 SLG 3967 2025 SLD 3967 = 2025 CLC 550 |
Lahore High Court, Rawalpindi Bench, Rawalpindi
Writ Petition No. 3768 of 2024, decided on 10th December, 2024.
Before Jawad Hassan, J
Syed Qamar Hussain Shah Sabzwari, Advocate Supreme Court along with Basharat Ali Khan Abbasi and Mansoor Tariq for Petitioner. Abid Aziz Rajori, Assistant Advocate General Punjab (on Court call), Arshad Mehmood Malik, Assistant Attorney General, Fazli Qadir Khan and Mujtaba-ulHassan, Civil Judge/Research Officer for
Respondents.
Writ Petition No. 3768 of 2024, decided on 10th December, 2024.
Before Jawad Hassan, J
Syed Qamar Hussain Shah Sabzwari, Advocate Supreme Court along with Basharat Ali Khan Abbasi and Mansoor Tariq for Petitioner. Abid Aziz Rajori, Assistant Advocate General Punjab (on Court call), Arshad Mehmood Malik, Assistant Attorney General, Fazli Qadir Khan and Mujtaba-ulHassan, Civil Judge/Research Officer for
Respondents.
ADNAN ARIF ---Petitioner
VERSUS
PROVINCE OF PUNJAB and others ---Respondents
Law: Punjab Local Government Act, 2022
Section: XXXIII,99,110,146(3),147,148,1(I)
Law: Punjab Government Rules of Business, 2011
Section: 3,10(1)
Law: Constitution of Pakistan, 1973
Section: 139(2)
Punjab Local Government Act (XXXIII of 2022)-------Ss.99, 110, 146(3), 147, 148 & Fifth Schedule, Part-1 (I)---Punjab Government Rules of Business, 2011, Rr. 3 & 10---Constitution of Pakistan, Art. 139(2)---Advertisement fee, reduction of---Secretary Local Government---Jurisdiction--Limine control, principle of---Applicability---Petitioner/contractor was to collect advertisement fee on behalf of Local Government and was aggrieved of reduction of rates by respondent/Secretary Local Government and Community Development--Validity---Mechanism was provided under S. 99 and Part-1 (I) of Fifth Schedule to Punjab Local Government Act, 2022, for levy of tax and fee for regulation of advertisement through sign boards, hoardings, cutouts, neon-signs, pole signs, sky signs and boards, billboards, directional boards, banners, streamers, moppy signs, temporary advertisement structures and stalls, posters, one way vision, hot air ballons and blimps, moving vehicles, electronic display screens including Light Emitting Diode (LED) and Surface Mounted Device (SMD) etc.--Respondent/Secretary was in charge of Local Government Department---Order passed by respondent / Secretary was strictly as per mandate of Ss. 146(3), 147 and 148 of Punjab Local Government Act, 2022, in addition to R. 10(1) of Punjab Government Rules of Business, 2011---Provisions of Punjab Government Rules of Business, 2011 had Constitutional command as the same were made under Art. 139 (2) of the Constitution---High Court by applying principle of limine control, declined to interfere in the order passed by respondent/Secretary---Constitutional petition was dismissed in circumstances.Messrs Mustafa Impex, Karachi and others v. The Government of Pakistan through Secretary Finance, Islamabad and others PLD 2016 SC 808; Asif Saleem v. Chairman BOG University of Lahore and others PLD 2019 Lahore 407; Messrs Colony Textile Mills Limited and another v. First Punjab Modaraba 2021 CLD 1212; Muhammad Shehzad v. Faisal Bank Limited 2024 CLD 141; Muhammad Yousaf v. Secretary Finance and others PLD 2021 Lahore 156= 2021 PLC (CS) 195; Ch. Fayyaz Hussain v. Province of Punjab and others PLD 2022 Lahore 1; PIA Officers…