The brief facts out of which the present writ petition arises are that Respondent No, 1 issued advertisement in the Daily Pakistan on 14.10.2000 for construction of a Bus/Wagon Stand at Allahabad, Tehsil Chunain, District Kasur. The petitioner's brother approached Respondent No, 1 after perusing the contents of the advertisement and offered him for land without any costs, which was accepted by Respondent No, 1 as is evident from letter dated 16.6.2001 issued by Respondent No, 1 to Ch. Muhammad Samar brother of the petitioner. The aforesaid brother of the petitioner and other family members had gifted the land for the said purpose measuring 4 Kanals which was accepted by the respondents. The brother of the petitioner and his other share-holders have transferred the total land measuring 5-Kanals 2-Marlas. Subsequently demanded by Respondent No, 1 and Mutation No, 10389 and 10388 was sanctioned in favour of Respondent No, 1 by the revenue officer. The brother of the petitioner after donation of the land approached Respondent No, 1 and prayed Respondent No, 1 for the construction of Bus/Wagon Stand inquestion. Respondent No, 1 prepared the estimate through Engineering Staff. The Engineering Staff had estimated costs of the project amounting to Rs, 26,00,000/-. Respondent No, 1 did not construct the Bus/wagon Stand on account of non-availability of funds. The petitioner's brother also requested higher authorities of Respondent No, 1 to construct the Bus Stand in the land inquestion but the respondents did not take any action. The brother of the petitioner being aggrieved filed Constitutional Petition No, 11500/2002, with the following prayer: "In the light of the submissions made above, it is most respectfully prayed that the respondents may very kindly be ordered to take the active and necessary steps for the construction of the said Bus/Wagon Stand as early as possible."
The said writ petition was disposed of by this Court vide order dated 1.7.2002 and directed Respondent No, 3 to decide the application of the brother of the petitioner in accordance with law.
Respondent No, 3 did not decide the same and sent the same to Respondent No, 4 who also did not take any action. The petitioner being aggrieved alongwith other relatives submitted application before Respondent No, 3, who did not decide the same till date. The petitioner being aggrieved filed this Constitutional petition.
2. The learned counsel of the petitioner submits that it is the duty and obligation of the respondents to decide the application of the petitioner in terms of the direction of this Court as the direction of this Court is binding on each and every organ of the State by virtue of Article 201 of the Constitution.
He further submits that petitioner and his other family members are penalized by the inaction of the public functionaries as the petitioner and his other family members had gifted the land inouestion in the larger interest of the people of the area but the respondents did not care to honour their commitment. He further submits that the petitioner is ready to construct the Bus/Wagon Stand by his own resources subject to the condition that the same may be given to the petitioner on lease in accordance with law. He further submits that in case the respondents are not interested to construct the Bus/Wagon Stand over the land inquestion then the respondents be directed to hand over the land of the petitioner back to the petitioner as the respondents have not utilized the land for the purpose for which the petitioner has gifted the land to the respondents.
3. Mr. Muhammad Hanif Khatana, Addl. Advocate General 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 for the parties and perused the record.
5. It is settled principle of law that principles of C.P.C. are applicable in Constitutional proceedings as per law laid down by the Honourable Supreme Court in Hussain Bakhsh's case (PLD 1970 SC 1). It is settled principle of law that second writ petition qua the same subject-matter and relief is not maintainable in view of Section 11 of C.P.C. as per law laid down by the Honourable Supreme Court in Pir Bakhsh vs. The Chairman Allotment Committee (PLD 1987 SC 145). It is also settled principle of law that direction of this Court is binding on each and every organ of the State by virtue of Article 201 of the Constitution. It is also settled principle of law that Constitution is a social binding contract with regard to the four pillars of the society:--
(i) Legislature;
(ii) Executive;
(iii) Judiciary;
(iv) People of Pakistan.
According to the mandate of Article 4 of the Constitution it is the duty and I obligation of the public functionaries to decide the applications of the citizens without fear, favour and nepotism. It is also settled principle of law that no body is above the Constitution in terms of the mandate of the Constitution I vide Article 5(2) of the Constitution as per law laid down by the Honourable Supreme Court in Ch. Zahoor Elahi's case (PLD 1975 SC 383). It is also settled principle of law that no body should be penalized by the inaction of the public functionaries as per law laid down by this Court in Ahmad Lateef Qureshi vs. Controller of Examination Board of Intermediate, Lahore (PLD 1994 Lahore 3). It is admitted fact that public functionaries are receiving salaries from the Public Exchequer for the purpose to discharge their duties in terms of the law. The public functionaries failed to proceed and decide the cases of the citizens on account of which the Legislature is compelled by the aforesaid circumstances to add Section 24-A of the General Clauses Act according to which it 'is duty and obligation of the public functionaries to decide the applications of the citizens in accordance with law with reasons within reasonable time as per law laid down by the Honourable Supreme Court in M/s. Airport Support Service vs. The Airport Manager, Karachi (1998 SCMR 2268). It is also admitted fact that awareness has been given to the world 14 hundred years ago by Almighty Allah in the Holy Book of Quran in Surah Rehman warned the human beings not to disturb the balance in any sphere of life otherwise destruction is must as observed by this Court in Mrs. Anjum Irfan vs. Lahore Development Authority & others (PLD 2002 Lahore 555). In case we have to live as a nation then every body has to work within the framework of law. Lord Denning in Breen's case (1971) 1 All E.R. 1148) says, "The giving of reasons is one of fundamentals of good administration." It is also settled principle of law that state functionaries are expected to act fairly and justly in manner which should not give to any one any cause of complaint on account of discriminatory treatment or otherwise as per law laid down by the Honourable Supreme Court in Shaukat Ali and others vs. Government of Pakistan and others (PLD 1997 S.C. 342). It is also settled principle of law that; "Law is here not confined to statute law alone but is used in its generic sense as connoting all that is treated as law in this country including even the judicial principles laid down from time to time by the Superior Courts as per law laid down by the Honourable Supreme Court in Ch. Zahoor Elahi vs. Federation of Pakistan and another (PLJ 1975 SC 75). Laws are made not to make them merely on the statute book which are framed to act upon them which is in consonance with the Holy Qur'an as enshrined in Sura Baqra. It is not only the duty of the Courts to provide justice to the people of Pakistan but it is also the duty of every organ and functionary to provide justice by discharging his/its duties in accordance with law without fear, favour and nepotism as per law laid down by this Court in judgment dated 23.2.2005 in Writ Petition No, 2778/2005. In somewhat similar circumstances, after considering all the case law on the subject, this Court has observed in Ghulam Murtaza vs. Headmaster Ch. Inayatullah and others (1998 PLC (C.S.) 274) in the following terms: "Non-observance by the functionaries of the dictum laid down by the Supreme Court of Pakistan is violation of Article 189 of the Constitution. If all the prevailing circumstances i,e, judgments of the Supreme Court, action of the authorities and attitude of the public representatives put in juxtaposition, then it becomes crystal clear that the legislators and executive have refused to give due respect to the dictum of Supreme Court of Pakistan; which is not congenial and conducive for the existence of the country, to run the State smoothly, mutual cooperation, respect and understanding. This situation will create chaos. So, in a word, it can be safely concluded that each organ must work within its limits prescribed by the Constitution and law."
However, in the interest of justice and fair play, let a copy of the writ petition be sent to Respondent No, 3, who is directed to decide the application of the petitioner preferably within three months after receiving the order of this Court after providing proper hearing to all the concerned including the petitioner and any other person, who would be aggrieved by his order. The petitioner is directed to appear before Respondent No, 3 in his office at 11.00 a.m. on 28.3.2005, who is directed to decide the application of the petitioner preferably within three months till 28.6.2005 in terms of the aforesaid direction either himself or send the same to the competent authority, who is directed to decide the same in terms of the aforesaid direction. He is further directed to submit his report to the Deputy Registrar Judicial of this Court within the stipulated period.
6. The learned counsel of the petitioner is directed to hand over copy of the writ petition alongwith all the annexures to Mr. Muhammad Hanif Khatana, Addl. Advocate General, who is directed to send the same to Respondent No, 3 for necessary action and compliance. Office is directed to provide one copy of this order and also order dated 1.7.2002 passed in W.P. No, 11500/2002 to Mr. Muhammad Hanif Khatana, Addl. Advocate General, for onward transmission to Respondent No, 3 for necessary action and compliance.
With these observations the writ petition is disposed of. Copy Dasti on payment of usual charges.