Law:

Section:

North-West Frontier Province Local Councils (Property) Rules, 1980--R. 7(2)---Constitution of Pakistan (1973), Art. 185(3)---Grant of lease of property for dealing with the sale of kerosine oil---Reduction of period of lease from 30 years to 3 years without affording an opportunity of being heard or show-cause notice to the lessee---Validity---Leave to appeal to Supreme Court was grained to the Authorities to consider the contentions that impugned of High Court had the effect of debarring the Authorities (lessor) from initiating proceedings afresh against the lessee in accordance with law and failure to do so had resulted in grave miscarriage of justice; that whether in the face of provisions of R. 7(2) of the Rules contemplating leasing out any immovable property of a Local Council for a period not more than 3 years, could the premises in dispute be leased out for a period of 30 years; that first proviso to R.7(2) of the Rules contemplated disposal of Local Council's property in the shape of shops, markets, or in the form of any other commercial scheme on -rent through open auctions or sealed tenders, as may be determined by the Locol Council, therefore, grant of lease in favour of the lessee for a period of 30 years was violative of the said provision; that in terms of second proviso to R. 7(2) of the said Rules, if the Local Council was not desirous of disposing of any such property through auction or sealed tenders, the prior approval of the Government was mandatory whereas no such approval was validly obtained and in the case of lessee and that grant of lease in favour of lessee for a period of 30 years was violative of R. 7, N.-W.F.P. Local Councils (Property) Rules, 1980 but the High Court had fallen into an error in disregarding said aspect. Mushtaq Ali Tahir Kheli, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing 1st December, 1996. ORDER IRSHAD HASAN KHAN, J.---This petition for leave to appeal is directed against the judgment of the Peshawar High Court dated 13-3-1995 passed in Civil Revision No.41 of 1995. 2. Briefly stated, the facts are that the respondent was granted lease for…

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