' The brief facts out of which the present petition arises are that the petitioner allegedly submitted an application before respondent No,1 to secure copy of Fard Milkiyat but respondent No,1 did not decide the same till date. The petitioner being aggrieved filed this writ petition.
2. Learned counsel of the petitioner submits that it is the duty and obligation of public functionaries to decide the application of the petitioner in accordance with law. In case the petitioner is not owner of land in question or restraining order has been passed by the competent authority then he can dismiss the application. However, he has no lawful authority to keep the application of the petitioner pending adjudication.
3. Learned Law Officer has entered appearance on Court's call. He submits that writ petition is not maintainable.
4. I have given my anxious consideration to the contentions of the learned counsel of the parties and perused the record.
5. It is settled proposition of law that it is the duty and obligation of the public functionaries to decide the application of the citizens without fear, favour and nepotism within reasonable time as is envisaged by Article 4 of the Constitution read with section 24-A, General Clauses Act. Work load of this Court is increasing day by day on account of non-exercising of power by statutory authorities. In case this situation continues then it is very difficult for us to live as independent nation and it will create chaos and will bring the situation of law of jungle. Constitution is social binding contract between the organs of the State which are Legislature, executive, judiciary and people of Pakistan. Our Constitution is based on trichotomy as per principle laid down by the Honourable Supreme Court in the following judgments:-- ' Zia-ur-Rehman's case PLD 1973 SC 49 and Mian Nawaz Sharif's case PLD 1993 SC 473.
According to the dictum laid down by the Honourable Supreme Court in the aforesaid judgments it is the duty of this Court to interpret the law and other organs have to discharge their duties within parameters prescribed by law. On account of non-exercising power by public functionaries Legislature was compelled by the circumstances to add section 24-A in the General Clauses Act according to which it is the duty and obligation of public functionaries to decide the applications of the citizens without fear, favour and nepotism within reasonable time which is interpreted by the Honourable Supreme Court and laid down the aforesaid principle in the following judgments:-- ' Messrs Airport Sport Service's case 1998 SCM R 2268 and Zain Yar Khan's case 1998 SCM R 2419.
It is also settled principle of law that mandate of the Constitution is binding on each and every organ of the State and everybody is bound by command of the Constitution as per Article 5(2) of the Constitution as per principle laid down by the Honourable Supreme Court in Ch. Zahoor Ellahi's case PLD 1975 SC 383.
6. In this view of the matter, let a copy of this writ petition be sent to D.0. (R) concerned who is directed to look into the matter personally as to what is happening in his Department that his subordinates are not discharging their statutory duties according to law. The petitioner is directed to appear before D.O.(R) on 7-6-2005 at 11-00 a.m. In his office who is directed to pass an appropriate order strictly in accordance with E law after providing proper hearing to all the concerned including the petitioner and any other person who would be aggrieved by his order and representative or respondent No,1 preferably within one month. He is further directed to submit report to Deputy Registrar (Judi.) of this Court within the stipulated period. Learned counsel of the petitioner is directed, to hand over a copy of this petition along with Annexures to Mr. M. Hanif Khatana, Additional Advocate-General who is directed to send the same to D.R.O.(R) concerned for necessary action and compliance. Office is also directed to send a copy of this .Order to Member, Board of Revenue who is directed to issue necessary direction to his subordinates that they should decide the applications of the citizens within reasonable time.
With these observations, this writ petition is disposed of. Copy `Dasti' on payment of usual charges.