| Citation(s) |
|---|
| 2003 SLG 2489 2003 SLD 2489 2003 CLC 331 |
Lahore High Court
Writ Petitions Nos.921, 922, 923, 924, 925, 926, 927, 928, 929, 930, 931, 932, 933, 934, 228, 2591, 2592, 2593, 2594, 2595,,,,,15649, 15650, 16308, 18477 of 2001, heard on 22-07-2002.
CH. IJAZ AHMAD, J
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Writ Petitions Nos.921, 922, 923, 924, 925, 926, 927, 928, 929, 930, 931, 932, 933, 934, 228, 2591, 2592, 2593, 2594, 2595,,,,,15649, 15650, 16308, 18477 of 2001, heard on 22-07-2002.
CH. IJAZ AHMAD, J
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SULEIMAN KHAN & CO.
VS
PAKISTAN RAILWAYS through GENERAL Manager, Railways Headquarters, Empress Road, Lahore and 2 others
Law:
Section:
Transfer of Property Act (IV of 1882)--------S.105---General Clauses Act (X of 1897), S.24-A---Constitution of Pakistan (1973), Arts.4 & 199---Constitutional petition---Lease of property---Enhancement of rent/fee of leased property---Duty of public functionaries---Rent/fee of leased properties having been enhanced by the Authorities, petitioners/lessees filed representation before the Authorities against such enhancement, but same was rejected by the Authorities without any reason and without applying their independent mind--Authorities being public functionaries, were duty bound to take action on said representation keeping in view principle of fair play---Public functionaries were duty bound to decide representation of petitioners after applying their independent mind with reasons, without fear, favour, nepotism and within reasonable time as envisaged by Art.4 of the Constitution of Pakistan (1973) and under S.24-A of General Clauses Act, 1897---Order on representation of petitioners passed by Authorities without hearing petitioners was not sustainable in the law as the same was passed in violation of principles of natural justice---High Court set aside order passed by Authorities anti remanded case to decide afresh in accordance with law after providing proper hearing to all concerned including petitioners. Messrs Airport Support's case 1998 SCMR 2268; Zain Yar Khan's case 1998 SCMR 2419; Zahid Akhtar's, case PLD 1995 SC 530; Zakir Ahmad's case PLD 1965 SC 90; Pakistan and others' case PLD 1987 SC 304 and Pakistan Chrome Mines case 1983 SCMR 1208 ref. Ch. Hamid-ud-Din and Ch. Aitzaz Ahsan for Petitioner. Irfan Masood Sheikh, Legal Advisor and Jehangir A. Jhojha for Respondent. Date of hearing: 22nd July, 2002. , JUDGMENT I intend to decide the following writ petitions by one consolidated order having similar facts and law:--- (1) Writ Petition No. 921 of 2002, (2) Writ Petition No. 922 of 2002, (3) Writ Petition No. 923 of 2002, (4) Writ Petition No.924 of 2002, (5) Writ Petition No. 925 of 2002, (6) Writ Petition No. 926 of 2002, (7) Writ Petition No. 927 of 2002, (8) Writ Petition No. 928 of 2002, (9) Writ Petition No. 929 of 2002, (10) Writ Petition…
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