| Citation(s) |
|---|
| 1992 SLG 1121 1992 SLD 1121 1992 CLC 2483 |
Sindh High Court
C.Ps. Nos. D-75, D-77, D-86 and D-1125 of 1986, D-1330 to D-1333 of 1988 and D-897/89, decided on 11th April, 1991
MAMMON KAZI AND SALAHUDDIN MIRZA, JJ
G.M. Saleem with Qazi Khalid Ali for Petitioner (in C.Ps. Nos.D-78, D-1330/88, to D-1333 of 1988 and D-897 of 1989). Shahansha Hussain for Petitioner (in C.P. No. D-1125/86). Attaullah Khan for Petitioner (in C.P. No. D-75/86). Ikram Ahmad Ansari, Standin
C.Ps. Nos. D-75, D-77, D-86 and D-1125 of 1986, D-1330 to D-1333 of 1988 and D-897/89, decided on 11th April, 1991
MAMMON KAZI AND SALAHUDDIN MIRZA, JJ
G.M. Saleem with Qazi Khalid Ali for Petitioner (in C.Ps. Nos.D-78, D-1330/88, to D-1333 of 1988 and D-897 of 1989). Shahansha Hussain for Petitioner (in C.P. No. D-1125/86). Attaullah Khan for Petitioner (in C.P. No. D-75/86). Ikram Ahmad Ansari, Standin
Messrs NURSERY COFEE HOUSE
VS
CONTROLLER, DEPARTMENT OF TOURISM and others
Law:
Section:
(a) Pakistan Hotels and Restaurants Act (LXXXI of 1976)--- ----S. 5(1)---Penalty for non-registration of hotel and restaurant ---Essentials--- Penalty for non-registration without determining question whether tea shop and every restaurant fell within definition of "hotel" and "restaurant" in S.2. Pakistan Hotels and Restaurants Act, 1976; and was liable to registration; would be unwarranted and unsustainable. (b) Pakistan Hotels and Restaurants Act (LXXXI of 1976)--- ----S. 5(1)---Penalty for non-registration of hotel and restaurant---Order imposing penalty under S.5(1), Pakistan Hotels and Restaurants Act, 1976, must be a speaking order stating reasons for taking action under the section. JUDGMENT MAMOON KAZI, J.---By this common judgment we propose to dispose of Constitutional Petitions Nos.D-75/86, D-77/88, D-78/86, D1125/86, D-1330/86, D-1331/86, D-1332/86, D-1333/86 and D-897/89 as common questions of law are involved therein. The petitioners, who are owners of restaurants or tea shops etc., air aggrieved by the action taken by the respondents under section 5 of the Pakistan Hotels and Restaurants Act, 1976 (LXXXI of 1976) read with section 22 of the said Act. It may be pointed out that the said Act which came into force in 1976 provides for measures for controlling and regulating the standard of service and amenities for tourists in hotels and restaurants and all matters ancillary thereto or connected therewith. Section 5 of the said Act provides as follows:-- "5. Registration of hotels and restaurants, (1) The owner of every hotel and restaurant shall, within a period of two months from the commencement of this Act, or from the opening of the hotel or restaurant, or from the date on which this Act becomes applicable to such hotel or restaurant, whichever is later, apply to the Controller for registration of his hotel or restaurant and for determination of fair rates in relation thereto and in the case of a hotel, also for its classification, on payment of such fee as may be prescribed. (2) No hotel, or restaurant shall be registered, unless-- (a) it conforms to the prescribed standard of health, hygiene and comfort, provided that the Controller may…
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