' MUHAMMAD JEHANGIR ARSHAD, J.--- This constitutional petition has been filed with a prayer that demolition of premises being occupied by the petitioner as lessee of the respondent T.M.A. (Tehsil Municipal Administration, Khanewal); removal of different articles/ material lying therein and further illegal interference in his leasehold rights on the part of the respondents and order, dated 26-9-2006 issued by respondent No,1, be declared as an act without lawful authority and jurisdiction and the respondents be directed to restore the said land to the petitioner.
2. The facts in brief are that premises in question situated at T-Chowk, Khanewal was leased out to the petitioner under conditions of the agreement of lease executed between the petitioner and Tehsil. Municipal Administration, Khanewal in the year 2002. Further on the basis of the said agreement of lease, Secretary District Transport Authority, Khanewal allowed N.O.C. To the petitioner for running of "D" Class Wagon Stand with the name and style of "Daha Brothers Flying Coach Service, Khanewal". After obtaining the said N.O.C. From Secretary District Transport Authority, Khanewal the petitioner started running his business within the premises leased out to him. It so happened that on 12-12-2005 the petitioner received a notice from Tehsil Officer (Regulation), Tehsil 'Municipal Administration, Khanewalrespondent No,2 directing him to provide detail of documents about the installations and operating of the Wagon Stand. The petitioner submitted his reply and along with he also filed N.O.C. Carrying No,26843 dated 7-9-2002. However, the petitioner was issued another notice on 7-1-2006 directing him to shift his Wagon Stand to new General Bus Stand, Khanewal. According to the petitioner, he again submitted his reply on 9-1- 2006, stating therein that respondent No,2 had no authority to direct him for shifting of the Wagon Stand from its existing place t9, New General Bus Stand, Khanewal. The petitioner was again issued a'notice on 8-8-2006 with the same direction of shifting of the Wagon Stand and petitioner submitted his reply on 9-8-2006. However, without any further proceedings having been taken on behalf of the respondents and without affording the petitioner opportunity of hearing, Tehsil Nazim, Khanewal by acting upon the report of Tax Branch dated 25-9-2006 (Annexure "R/9"), passed the following order:- {{URDU TEXT}} The said order of the Tehsil Municipal Officer was acted upon and possession of the premises in question was taken from the petitioner by the Field Staff of Tehsil Municipal Administration, Khanewal and the entire superstructure raised on the spot was demolished and different belongings of the petitioner lying therein were also taken into possession, therefore, the ihstant writ petition has, been filed seeking annulment of the abovementioned acts of the respondents.
3. On 29-9-2006 when this petition came up for lirnine hearing, respondents Nos.1 and 2 were directed to file their report and parawise comments, which accordingly have been submitted. In the report and comments abovementioned factual position is not denied. However, it has been pointed out that since the petitioner was defaulter in the payment of rent from May 2006 to September, 2006, therefore, his leasehold rights were rightly cancelled and possession was taken over by the Municipal Authorities, as such the writ petition is not maintainable, as no right of the petitioner was infringed and the action was rightly taken against him.
4. I have considered the arguments of learned counsel for the parties and have also gone through the-material available on the record.
5. The leasehold rights with regard to the disputed place in favour of the petitioner is not disputed.
The petitioner was given notice by the respondents on 11-9-2006 (Annexure "R/5"), whereby the petitioner was directed to deposit the lease money from May, 2006 to September, 2006 within seven days. The petitioner allegedly refused to tender the rent on some extraneous excuse. The file does not indicate what proceedings taken on the said notice after 13-9-2006, rather it shows that on 25-9-2006 someone from Tax Branch made a report dated 25-9-2006 recommending for cancellation of the leasehold rights of the petitioner and this report was put up before the Tehsil Officer (Finance) on 26-9-2006 who on the same day submitted the same to the Tehsil Municipal Officer with the following remarks "submitted for orders please" and the Tehsil Municipal Officer on the same day submitted the said report to the Tehsil Nazim with the following remarks May be approved as recommended by Tehsil Officer (Finance)" and the Tehsil Nazim without affording opportunity of hearing to the petitioner and without application of conscious mind passed the following order on the same day:-- (sic)
'The abovementioned proceedings taken by the respondents in a clandestine manner cannot be approved under any provision of law as, the same were neither conducted after hearing the petitioner nor the impugned action was taken after conscious application of mind and giving sufficient reasons in terms of section 24-A of the General` Clauses Act. As held in the case of Ghulam Mohi-ud-Din v. Chief Settlement Commissioner (Pakistan), Lahore PLD 1964 SC 829 and Fazal Dad and 2 others v. Member, Board of Revenue (Colonies) West Pakistan and another PLD 1977 Lah. 264, the competent authority, while passing the order is bound to examine the case after application of his independent mind to the question raised before him and after giving reasons and not by simply countersigning the reports of the lower staff. Again in the case of Messrs Airport Support Services v. The Airport Manager, Quaid-eAzam International Airport, Karachi and others 1998 SCMR 2268 cited above, which is a case almost of the similar nature, it was held by the Honourable Supreme Court with reference to section 24-A of the General Clauses Act, "where a statute confers a power to make any order or to give any direction to any Authority, office or person, such would be exercised reasonably, fairly, justly and for the advancement of the purpose of the enactment. What is more, the order or direction, so far as necessary or appropriate would reflect reasons for its making or issuance and, where the same is lacking, an affectee may demand the necessary reasons, which, in response, would be furnished". It Was finally held in the abovementioned judgment of the Honourable Supreme Court of Pakistan that in case of any deviation from the abovementioned principles, the same could be corrected by this Court through appropriate orders under Article 199 of the Constitution of Islamic Republic of Pakistan. As held by the Honourable Supreme Court in the case Almas Ahmad Fiaz v. Secretary, Government of the Punjab Housing and Physical Planning Development, Lahore and other 2006 SCMR 783, "if a mandatory condition for exercise of jurisdiction by a Court is not fulfilled, then entire proceedings which follow become illegal and suffer from want of jurisdiction". Similarly, this Court in the case of Cooperative Employees' Union v. Secretary Cooperative Punjab, Lahore PLD 2006 Lah. 437 held that public functionaries deriving authority from or under law; were obliged to act justly, fairly, equitably, reasonably, without any element of discrimination and squarely within the parameters of law, as applicable in a given situation, and deviation, if of substance, could be corrected through appropriate orders under Article 199 of the Constitution. The same was laid down in the case Yousaf Baig v. Tehsildar, Tehsil Sara-e-Alamgir, District Gujrat and another 2005 CLC 1490.
6. If examined on the touchstone of what has been laid down in the cited judgments, one has no hesitation to hold that Tehsil Nazim not only acted in sheer reckless manner while passing the impugned order but also in clear derogation of principles of natural justice providing that nobody to. Be condemned unheard, inasmuch, as the Tehsil Nazim even did not feel it appropriate to issue any notice to the petitioner- for affording him opportunity of hearing and thought it appropriate to pass the impugned order by merely dittoing the report of some clerk from Tax. Branch, which except complaining default against the petitioner said nothing. The abovementioned act of the respondents, therefore, is nothing but a colourable exercise of jurisdiction resulting in colossal loss to the petitioner as he was not only dispossessed from the property under his lease in a most illegal and unauthorized manner, the entire superstructure raised on the spot was also demolished, without any valid justification. I am, therefore, constrained to allow this writ petition by declaring the entire proceedings conducted by the respondents including the act taken in consequence to the order, dated 26-9-2006 of Tehsil Nazim, Khanewal as without lawful authority and of no legal effect and the respondents are directed to restore possession of the petitioner over the disputed leased area within one week.
7. Since the respondents acted in a most recklessmanner ignoring all the requirements of natural justice as well as the law, I have no option but to direct Tehsil Nazim, Khanewal to pay Rs,50,000 as compensatory costs to the petitioner. The amount shall be deposited by the Tehsil Nazim, Khanewal from his own pocket with the Additional Registrar of this Bench within ten days and on so deposit the same shall be paid to the petitioner, after due verification. In case the Tehsil Nazim, Khanewal fails to deposit the said amount the petitioner shall be at liberty to initiate recovery proceeding's against him before the learned Senior Civil Judge, Khanewal as a decree of the Civil Court. While imposing the costs, I am also fortified by the judgments of Honourable Supreme of Pakistan in the case Inayatullah v. Sh. Muhammad Yousaf and 19 others 1997 SCMR 1020 and The Postmaster-General Northern Punjab and (AJ&K) Rawalpindi v. Muhammad Bashir 1998 SCMR 2386. This order shall however, be no bar for the respondent authorities from proceeding against the petitioner afresh after adopting the legal requirements. Copy of this order be immediately sent to Tehsil Nazim, . Khanewal for compliance.