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2006 PTD 50

ARIF MUKHTAR MALIK vs SECRETARY REVENUE DIVISION, FEDERATION OF

Citation2006 PTD 50
CourtSindh High Court
Case No.Constitutional Petition No,D-1020 of 2005
Date2005-08-30
Judge(s)Khilji Arif Hussain, Muhammad Mujeebullah Siddiqui
ResultOrder accordingly

ORDER

1. ' The petitioner has sought the following relief: "Due to facts and grounds aforementioned it is humbly prayed that this Hon'ble Court may be gracious enough to:

(a) direct respondents Nos.2 and 5 hence forthwith release the consignment of petitioner after collecting duty and taxes in accordance with law.

2. (a-i) direct respondents NaS.3 and 4 to issue delivery order to petitioner without any further delay.

3. (a-ii) declare that storage charges being accumulated for want of delivery order are liable to be collected from respondents Nos.3 and 4 to satisfy the leviable storage charges to respondent No,5.

(b) declare that the petitioner is a lawful owner of the goods landed at Karachi via authorized route and lying under the control of respondent No,2.

(c) declare that any dispute between supplier and its authorized agent in Pakistan or the shipping line with the petitioner shall not debar the petitioner for claiming ownership of the goods after entering territorial water.

(d) grant any other relief/reliefs may deemed appropriate in the circumstances of this petitioner."

4. We have heard the learned Advocates for the parties at some length. Mr. Aziz A. Shaikh, learned counsel for the petitioner has conceded that the respondents Nos.3 and 4 are private parties, and consequently, no writ can be issued against them under Article 199 of the Constitution of Islamic Republic of Pakistan. So far, the grievance against the respondents Nos.3 and 5 is concerned, Mr. Raja M. Iqbal has stated that the petitioner may approach the respondent No,2, Collector of Customs Port Qasim in accordance with law and the matter shall be decided strictly in accordance with law.

5. In view of the above statement, the petition is disposed of in the terms that the petitioner shall approach the respondent No,2 in accordance with law and fulfil all the requirements of valid bill of entry, whereafter the respondent No,2 shall pass appropriate order within a reasonable time in accordance with law. At this stage, we would like to clarify that if the petitioner has any grievance against the respondents Nos.3 and 4, he is at liberty to file the suit in accordance with law.

6. ' We would further like to clarify that the petitioner is at liberty to raise all the questions of fact and law before the respondent No,2, and the respondent No,2, shall decide all such questions by a speaking order.

7. ' The petition stands disposed of accordingly along with listed application.

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