| Citation(s) |
|---|
| 2005 SLG 1861 2005 SLD 1861 2005 PLD 381 |
Lahore High Court
Writ Petition No. 3973 of 2005, decided on 17th March, 2005
CH. IJAZ AHMAD, J
Manzoor Qadir for Petitioner. Muhammad Hanif Khatana, Addl. A.G. (on Courts call)
Writ Petition No. 3973 of 2005, decided on 17th March, 2005
CH. IJAZ AHMAD, J
Manzoor Qadir for Petitioner. Muhammad Hanif Khatana, Addl. A.G. (on Courts call)
MUHAMMAD ASIF IFTIKHARs
VS
ZILA NAZIM, KASUR (EXCHAIRMAN) ZILA COUNCIL, KASUR and 4 others
Law:
Section:
(a) Constitution of Pakistan (1973)--------Art.199---Civil Procedure Code (V of 1908), S.11---Constitutional petition---Principle of res judicata---Applicability---Petitioner had filed the authorities to decide his application---Since despite lapse of considerable time the authorities had not decided the application filed by the petitioner the present petition was again filed by the petitioner on the same facts and for the same relief---Validity---Principles of Civil Procedure Code, 1908, being applicable to the Constitutional proceedings, second Constitutional petition qua the same subject-matter and relief was not maintainable---High Court directed the authorities to decide the application of the petitioner within ,three months after providing proper hearing to all concerned including the petitioner and any other interested person---Petition was disposed of accordingly. Hussain Bakhsh's case PLD 1970 SC 1; Pir Bakhsh v. The Chairman Allotment Committee PLD 1987 SC 145; Holy Book of Qur'an, Surah Rehman; Mrs. Anjum Irfan v. Lahore Development Authority and others PLD 2002 Lah. 555 and Breen's case (1971) 1 All. E.R.1148 ref. (b) Constitution of Pakistan (1973)----- ----Art. 201---Direction of High Court---Nature---Direction of High Court is binding on each and every organ of State by virtue of Art.201 of the Constitution. (c) Interpretation of Constitution----- ---- Constitution is a social contract with regard, to the four pillars of the society: Legislature; Executive; Judiciary and People of Pakistan. (d) Constitution of Pakistan (1973)--- ----Arts. 4 & 5(2)--Good governance---Principles---Obligation of public functionaries to decide the applications of citizens without fear, favour and nepotism---No body is above- the Constitution in terms of the mandate of Art. 5(2) of the Constitution---No- body should be penalized by the inaction of the public functionaries---State functionaries are expected to act fairly and justly in manner which should not give any one any cause' of complaint on account of discriminatory treatment. Ch. Zahoor Elahi's case PLD 1975 SC 383; Ahmad Lateef Qureshi, v. Controller of Examination Board of Intermediate, Lahore PLD 1994…
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