| Citation(s) |
|---|
| 1976 SLG 3043 = 1976 SLD 3043 = 1976 PLD 1 |
Peshawar High Court
Writ Petition No. 554 of 1975, heard on 24th October 1975.
Presented By: Ghulam Safdar Shah, C. J. and Abdul Ghani Khan Khattak, J
Abdul Majid v. Settlement Commissioner, Peshawar and D. I. Khan Divisions and others ref. Mohammad Afzal Bangash for Petitioner. S. Abai Ali, A. A:-G. with S. Sibtul Hassan for
Respondents Nos. 1 to 3. M. Mohammad Aman Khan for
Respondent No. 4. M. Sardar Khan for
Respondent No. 5. Pir Masoom Shah for
Respondent No. 6.
Writ Petition No. 554 of 1975, heard on 24th October 1975.
Presented By: Ghulam Safdar Shah, C. J. and Abdul Ghani Khan Khattak, J
Abdul Majid v. Settlement Commissioner, Peshawar and D. I. Khan Divisions and others ref. Mohammad Afzal Bangash for Petitioner. S. Abai Ali, A. A:-G. with S. Sibtul Hassan for
Respondents Nos. 1 to 3. M. Mohammad Aman Khan for
Respondent No. 4. M. Sardar Khan for
Respondent No. 5. Pir Masoom Shah for
Respondent No. 6.
BASHIR AHMAD BILOUR-Petitioner
VERSUS
MUNICIPAL COMMITTEE, PESHAWAR THROUGH ITS ADMINISTRATOR AND 3 OTHERS-Respondents
Law: Constitution of Pakistan, 1973
Section: 199, r.225(4)
Law: N.W. F. P. Local Government Ordinance (III of 1972)
Section: 62, 63
Law: West Pakistan Municipal Committee Octroi Rules, 1964
Section: r.225
(a) Constitution of Pakistan (1973) Art. 199-Writ-Locus standi of petitioner-Controlling Authority passing order in violation or disregard of r. 225(4), West Pakistan Municipal Committees Octroi Rules, 1964 -Person prejudicial by such order-Held, an "aggrieved person" within meaning of Art. 199 ---West Pakistan Municipal Committees Octroi Rules, 1964, r. 225 (4). ---[Writ-Words and phrases]. Mian Fazal Din v. Lahore Improvement Trust, Lahore and another P L D 1969 S C 223 and Ikram Bus Service v. Board of Revenue P L D 1963 S C 564 ref. (b) Interpretation of statutes Each word of statutory instrument to be given a meaning unless it would lead to absurdity or cause manifest injustice. (c) N: W.F.P. People's Local Government Ordinance (III of 1972) Ss. 62 & 63 and West Pakistan Municipal Committees Octroi Rules 1964, r. 225---Administrator, Municipal Committee holding public auction for leasing out right to collect octroi, accepting highest bid and submitting same to Controlling Authority for confirmation--- Controlling Authority, on direction of Provincial Minister, without applying his own mind to case, rejecting highest bid of a person on his back and leasing out right to another person by private negotiations-- Action of Controlling Authority not only repugnant to provisions of law, but manifestly unjust and designed to undermine public confi dence-Such order, held, without jurisdiction and also opposed to principles of audi alteram partem (no one should be condemned unheard).-[Maxim]. Pate of hearing: 24th October 1975. JUDGMENT GHULAM SAFDAR SHAH, C. J.-This petition under Article 199 of the Constitution of Islamic Republic of Pakistan is meant to call in question the two orders of…