| Citation(s) |
|---|
| 1999 SLD 742 = 1999 CLC 430 |
Lahore High Court
Secretary, Revenue Department, Board of Revenue, Lahore and 3 others---Respondents Writ Petitions Nos. 13479, 14702, .12138 and Civil Miscellaneous Application No.5 of 1998, decided on 9th October, 1998.
Presented By: Before Ihsanul Haq Chaudhry, Faqir Muhammad Khokhar and Najam-ul-Hassan Kazmi, JJ
Muhammad Afzal Sindhu for Petitioner. Ashtar Ausaf Ali, A.-G., Punjab for
Respondents. Maqbul Elahi Malik for Applicants (in Civil Miscellaneous No.5 of 1998)_
Secretary, Revenue Department, Board of Revenue, Lahore and 3 others---Respondents Writ Petitions Nos. 13479, 14702, .12138 and Civil Miscellaneous Application No.5 of 1998, decided on 9th October, 1998.
Presented By: Before Ihsanul Haq Chaudhry, Faqir Muhammad Khokhar and Najam-ul-Hassan Kazmi, JJ
Muhammad Afzal Sindhu for Petitioner. Ashtar Ausaf Ali, A.-G., Punjab for
Respondents. Maqbul Elahi Malik for Applicants (in Civil Miscellaneous No.5 of 1998)_
Nawabzada GHAZANFAR ALI GUL---Petitioner
VERSUS
GOVERNMENT OF THE PUNJAB through Secretary, Revenue Department, Board of Revenue, Lahore and 3 others---Respondents
Law: West Pakistan Land Revenue Act, 1967
Section: 6(5) , 7 , 199
West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 6---Punjab Local Government Ordinance (VI of 1979), Ss.6(5) & 7-- Constitution of Pakistan (1973), Art.199---Constitutional petition---Constitution or reconstitution of Division, District or Sub-Division and to vary limits of a district or a Sub-Division of Tehsils---Such matter was essentially an administrative matter to which presumption of regularity was attached---Relevant provisions of West Pakistan Land Revenue Act, 1967 or Punjab Local Government Ordinance, 1979 did not contemplate ascertainment of wishes or the views of inhabitants of such areas by undertaking exercise like that of referendum or franchise---Such-like policy decisions taken by Government were not open to exception unless same were shown to be unreasonable, unfair, mala fide or without jurisdiction---No reasons were required by law to be recorded in issuance of Notifications according to which existing boundaries of one District were detached and were attached to other District or one District was divided into Tehsils---Government could vary limits of a District or Sub-Division of Tehsils in Province without there being any particular conditions or limitations on the exercise of its powers---Once administrative changes in territorial limits of a District or a Sub-Division were brought about consequential steps as contemplated by Ss.6(5) & 7 of Punjab Local Government Ordinance, 1979, were necessary to be taken in order to avoid any anomalous situation---If notification under S.6 of West Pakistan Land Revenue Act, 1967 was held to be valid, other notification under Ss.6(5) & 7 of Punjab Local Government Ordinance, 1979 could not seriously be objected to, subject to certain safeguard and other consequences which were to follow. Mohtarama Benzair Bhutto and another v. President of Pakistan and others PLD 1998 SC 388; Dr. Hameed Ahmad Ayaz v. Government of Punjab PLD 1997 Lah. 434; Pakistan through the Secretary, Ministry of Finance v. Muhammad Himayatullah Farukhi PLD 1969 SC 407; M.D. Tahir, Advocate v. Chief Secretary, Government of the Punjab, Lahore and another 1995 CLC 1687; Wukala Mahaz Barai Tahafuz…