Law: Punjab Local Government Ordinance, 1979

Section: 141 , 161 , 162

  Punjab Local Government Ordinance (VI of 1979)--- ----Ss. 141, 161, 162 & Sched. III---Recovery of arrears of "Dharat"   fee--  Adoption   of   coercive measures---Validity---Coercive measures could not be adopted to recover the arrears of "Dharat" fee. Punjab Local Government Ordinance (VI of 1979)--- -----Ss. 161 & 162---Recovery of arrears of "Dharat" fee by Town Committee-- Contractual liability---Town Committee issued notice and was employing coercive measures for recovery of the same---Validity---Amount in question was neither the arrears of tax, rent nor could the same be said to be payable as other moneys referred to in S.141, Punjab Local Government Ordinance, 1979, nor could same be termed as local rate---Petitioner had committed no offence, as stated in the Third Sched. and under S.162 of the Ordinance (VI of 1979), regarding which a notice could be served upon him for the recovery of amount in question---Petitioner had a cause of action to seek declaration and injunction to the effect that the amount in question could not be recovered as arrears of land revenue---Town Committee had to take resort to law suit for recovery of the amount in question, in accordance with law---Judgments and decrees of both the Courts were set aside in circumstances.   Ali Muhammad & Co. v. Municipal Committee, Pasrur through Chairman and others KLR 1985 Revenue Cases 95; Municipal Committee, Lahore v. Miran Bakhsh Civil Appeal No.2724 of 1926; Zulaing v. Yamethin District Council 1932 ILR 522; Madura Municipality through Commissioner v. K. Alagirisami Naidu AIR 1939 Mad. 957; Dr. Fazal Din v. Municipal Committee, Lyallpur PLD 1956 (W.P.) Lah. 916; Dr. Azeem Shad v. Municipal Committee, Multan PLD 1968 Lah. 1419; Municipal Committee, Bannu v. Munawar Khan, Advocate PLD 1982 Pesh. 61 and Sufi Faiz Ahmad v. Metropolitan Corporation, Lahore and others 1997 CLC 599 rel. Malik Muhammad Akram Khan Awan for Petitioner. Malik Muhammad Ramzan Khokhar for Respondents. Date of hearing: 17th November, 1998 JUDGMENT The petitioner herein brought a suit in the Civil Court at Sargodha against Town…