Case Details

Citation(s)
1983 SLG 490 1983 SLD 490 1983 PLD 113
Lahore High Court
Writ Petition No. 4195 of 1982, decided on 30th October, 1982
IRSHAD HASAN KHAN, J
Aitzaz Ahsan for Petitioners. Fayyaz Hussain Qadri for
Respondent No. 1. Khalil Ramdey, Asstt. A.G. for the State

BILQUEES BEGUM AND 3 others

VS

LAHORE MUNICIPAL CORPORATION AND 2 OTHERS --Respondents

Law:

Section:

(a) Contempt of Court Act (LXIV of 1976)- __,-- S. 3 read with Removal of Encroachments Order, 1981-[Martial Law Order M. L. A. Zone `A'] No. 821, para. 6-Illegal encroachment on Corportion land-Statement made by petitioner's representative in Court, ex facie false and inconsistent with application made by him to Secretary of Corporation-Clear misrepresentation of fact tantamounting to committing fraud on Court-Held, such person liable to be proceeded against under S. 3 of Act-Notice of Contempt, however, discharged in view of unqualified apology tendered by contemner. (b) Provisional Constitution Order (P. O. 1 of 1981)- -- Art. 9 read with Civil Procedure Code (V of 1908). O. VI, r. 5 and Removal of Encroachments Order, 1981 (Martial Law Order of M. L. A. Zone A), No. 821 para. 6-Writ petition-Petitioner impugning show cause notice served on him by Municipal Corporation for encroachment on its land-Necessary, further and better particulars enquired from petitioner by Court in terms of O. VI, r. 5 of C. P. Cain order to satisfy itself as to whether Corporation intends to demolish property in dispute without considering petitioner's reply and opportunity of being heard. (c) Provisional Constitution Order (P. O. 1 of 1981)- -- Arts. 9 & 15 read with Removal of Encroachments Order, 1981 (Martial Law Order of M. L. A. Zone 'A'), No. 821 para. 6Encroachment on property of Municipal Corporation-Show-cause notice-No objection as to jurisdiction raised in reply to show-cause notice-Participation of petitioner's representative in proceeding by attending Corporation's office not shown to be under protest-Held, petitioner cannot be permitted to turn round and question jurisdiction of Mayor of Corporation to hear objection to impugned show-cause notice.-[Jurisdiction]. The State v. Zia-ur-Rehman and others P L D 1973 S C 49; Mlss Asma Mani v. The Government of Punjab and another P L D 1972 S C 139; Federation of Pakistan v. Saeed Ahmad Khan and others P L D 1974 S C 151; Fazal Din alias Mina and others v. Commissioner, Peshawar Division and another P L D 1968 Pesh. 30; Ghulam Shabbir Shah v. Income-tax Officer, Lahore and 2 others P L D 1971 Lah. 34 and The Tariq…
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