Law: Punjab Local Government Ordinance (VI of 1979)

Section: 166.139,156,173

Law: Constitution of Pakistan, 1973

Section: 185(3),199

Punjab Local Government Ordinance (VI of 1979)---Ss. 166. 139, 156 & 173---Constitution of Pakistan (1973), Arts. 199 & 185 (3)---High Court's refusal to entertain Constitutional petition on the ground that adequate alternate remedy was provided by law governing the case and same not having been exhausted, Constitutional petition would not lie--­Validity---Question of fact which was agitated before High Court could more properly and easily be debated and agitated before the functionaries mentioned in the provisions of Punjab Local Government Ordinance, 1979 and even remedy by way of suit could be availed of particularly in cases involving disputed question of fact and such disputes could be better agitated before a forum which could easily record evidence---High Court's being unexceptional no justification for interference was warranted---Leave to appeal was refused in circumstances. Messrs Punjab Feeds Ltd. v. Abdul Ghafoor 1990 SCMR 439 (2) ref. ORDER MUHAMMAD AFZAL ZULLAH, CJ ---These petitions have arisen out of the refusal by the High Court to entertain Constitutional (Writ Petitions under Article 199 of the Constitution on the ground that adequate alternate remedy is prodded by law governing the case and same not having been exhausted the writ petitions do not lie. `Learned counsel has contended that section 156 of the Punjab Local Government Ordinance, 1979 does not provide remedy in so far as the levy of impugned tax is concerned. He has also contended that the Provincial Government had by a Circular Letter prohibited the Union Council from levying the impugned tax. Learned counsel for the caveator has in addition to section 166 relied on sections 139, 156 and 173 which, according to him,…

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