| Citation(s) |
|---|
| 1994 SLG 628 1994 SLD 628 1994 PLC 275 |
Lahore High Court
Writ Petition No. 14195 of 1993, decision dated: 3rd October, 1993.
MUHAMMAD ARIF, J
M. Irshad Chaudhry for Petitioner
Writ Petition No. 14195 of 1993, decision dated: 3rd October, 1993.
MUHAMMAD ARIF, J
M. Irshad Chaudhry for Petitioner
Messrs MUNIR & COMPANY
VS
MUNICIPAL COMMITTEE, SAMUNDARI
Law:
Section:
West Pakistan Municipal Committees Octroi Rules, 1964S. 6Appointment of new staff for opening Octroi PostPetitioner as a contractor of Municipal Committee had prayed for issuance of injunction order against the Committee restraining it from appointing new staff for opening Octroi Post at certain pointsPetitioner had argued that under R. 6 it was Municipal Committee concerned which had power to provide for Octroi Posts at such places within or without Municipality as may be necessary for assessment, collection and administration of Octroi, but appointment of staff made by Chairman of Committee was violative of Government PolicyPetitioner had also contended that no necessity for setting up disputed Octroi Posts had arisen as appropriate number of Posts had already been establishedPetitioner had further contended that it being contractor for collection of Octroi was already incurring losses on account of subjectmatter of contract, and any future action taken by Committee would prejudice the interests of petitionerContentions raised by petitioner were repelled holding that petitioner as a contractor could hardly make a grouse about establishment of Octroi Posts at appropriate places with a view to collection of Octroi by Committee through its own staff or through staff appointed by it but put under supervision of contractor for the time beingContention that petitioner was already suffering heavy losses on account of a sparse turn out at existing Octroi Posts was not sustainable as its only remedy lay in seeking its relief from Committee during currency of contract or after its determination. M. Irshad Chaudhry for Petitioner ORDER Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 M/s. Munir Company have prayed for the issuance of an injunctive order against Municipal Committee, Samundari--------"from appointing the new staff for opening Octroi Post at Point No. 7 for Municipal Committee, Samundari". 2. The only argument addressed in support of the petition is that under rule 6 of the Octroi Rules, 1964, it is the Municipal Committee concerned which has the power to provide for "Octroi posts at such places within or…
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