Law:

Section:

Municipal Administration Ordinance (X of 1960)-------S. 122---Constitution of Pakistan (1973), Art. 199---Constitutional petition regarding contractual matter---Maintainability---Dispute relating to collection of Tehbazari fee---Questions involved in Constitutional petition were mostly related to determination of the terms and conditions of agreement (between the parties) which included right of collection of Tehbazari inside the walled city and quantum of pecuniary loss suffered by petitioner, if any---Such question involving contractual rights and obligations could best be determined by Civil Court after recording evidence and not by the High Court in Constitutional jurisdiction---Direction was, however, issued to respondents to comply with the terms and conditions of agreement enabling petitioner to complete remaining period of Tehbazari---Petitioner was also directed to fulfil his part of the obligation---Constitutional petition was, however, not maintainable. Pakistan National Shipping Corporation v. Rent Controller, Lahore and 2 others PLD 1992 Lah. 305 rel. Shamshir Iqbal Chughtai and Qamar Hameed Hashmi for Petitioner. Masood Ashra(Sheikh for Respondents. Dates of hearing: 9th and 12th February, 1994. ORDER The respondents Municipal Corporation, Bahawalpur entitled to collect Tehbazari fee from the occupants of the open space under section 122 of the Punjab Municipal Administration Ordinance, 1979 (to be referred to as the Ordinance) had leased out the right to collect Tehbazari fee in an open auction. The petitioner was the highest bidder in the open auction and, therefore, was authorised to collect the temporary Tehbazari fee on lease within the limits of Bahawalpur City for the period commencing from Ist of August 1993 to 30th of June, 1994 in accordance with the settled terms and conditions. One of the terms was that the office-holders of the Municipal Corporation, herein the respondents, shall render all legal assistance with regard to the collection of temporary Tehbazari fee from the defaulters. However, what the respondents did was, as alleged by the petitioner, that they suddenly prohibited the petitioner from the collection of temporary…

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