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2010 YLR 672

MUHAMMAD SHARIF vs TEHSIL COUNCIL KAHROOR PAKA, DISTRICT LODHRAN

Citation2010 YLR 672
CourtLahore High Court
Judge(s)Maulvi Anwar-ul-Haq
ResultPetition allowed

' MAULVI ANWAR-UL-HAQ, J.---This writ petition questions a resolution passed by the respondent No,1 (Annex `G') whereby the petitioner has been declared a police tout and it has been recommended that his entry in P.S. City banned.

2. Learned counsel for the petitioner contends that the respondent No,1 has no lawful authority to pass such a resolution and that too without any notice or hearing of the petitioner. Learned counsel for the respondent No, 1 has stated that the matter was taken as an item of public interest in the house and the resolution was passed.

3. I have examined the said resolution. The proposal is that the petitioner be declared to be a police tout and he be debarred from internees P.S. City. The resolution was carried.

4. Now section 67 of the Punjab Local Government Ordinance, 2001 provides the functions and powers of Tehsil Counsel while section 57 of the said Ordinance provides for the functions of a Tehsil Nazim. I do not find any power vesting in the Tehsil Council or the Tehsil Nazim to declared a citizen to be a police tout. The writ petition is accordingly allowed and the impugned resolution is set aside being without lawful authority and void. No orders as to costs.

5. The petitioner may approach a civil Court by filing a properly constituted suit for damages, if so advised.

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