Law:

Section:

Punjab Local Government Ordinance (VI of 1979)-------Ss: 139, 153, 156 & 173---Constitution of Pakistan (1973), Art. 199=--Levy of transfer fee---Validity---Constitutional petition ---Maintainability--­Constitutional petition challenging order levying transfer fee on property, passed by Appellate Authority, without first availing adequate and efficacious alternate remedy available under Ss. 139, 153; 156 & 173 of Punjab Local Government Ordinance, 1979, was not maintainable and was liable to be dismissed. Raja Muhammad Ramzan and 21 others v. Uion Council Bajnial and other 1994 SCMR 1484 ref. Hafiz Saeed Ahmad Sheikh for Petitioner. Syed Sajjad Hussain Shah, AssttA.-G. (on Court's Call). ORDER Through this Constitutional Petition Jahangir Hussain petitioner, who is a Contractor of respondent No. 2, has challenged the order dated 20-1-1993 passed by Commissioner, Rawalpindi Division, Rawalpindi, whereby the appeal filed by respondent No. 1 against the extent of levy of "transfer fee" has been accepted and it has been held that the transfer fee shall be levied on the basis of price mentioned in the relevant deed itself and not on the basis of formula laid down by the Corporation. 2. Learned counsel for the petitioner contends that the order passed by the petitioner is patently without jurisdiction; that before decision of the appeal the petitioner has not been given any opportunity of being heard; that while taking the view to the effect that the transfer fee in accord with the formula in question in appeal, cannot be charged from the appellant, learned Commissioner has failed to take into consideration the relevant statutory provisions on the subject, and therefore, the same is illegal and without a lawful authority. Learned…

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