' KHALID MEHMOOD KHAN, J.--- Through the instant writ petition, petitioner has challenged the order dated 5-7-2011, passed by learned Sessions Judge, Lakki Marwat and to quash the proceedings of Civil Misc. Petition No,29 of 2010 pending in the Court of learned Sessions Judge, Lakki Marwat for declaring the same unlawful and without jurisdiction.
2. Short facts of the instant writ petition are that respondent No,5 filed an application to the learned Sessions Judge, Lakki Marwat regarding load-shedding and overloading of private transport.
Against the said application, the petitioner and other government functionaries were summoned by learned Sessions Judge, Lakki Marwat. During the same proceedings, the petitioner filed. Writ Petition No,579/2011 through which the proceedings before the trial Court was questioned being illegal, mala fide and without jurisdiction. The learned Sessions Judge, Lakki Marwat has passed an order on 9-6-2011 through which the petitioner and other government functionaries RTA etc. Were directed to challan the vehicles for overloading and to remove extra seats from the private vehicles. In the said writ petition this Court had issued order dated 30-6-2011 and suspended the order dated 9-6-2011, hence the instant writ petition.
3. Learned counsel for the petitioner contended that the learned Sessions Judge, Lakki Marwat has no jurisdiction' to entertain the application filed by respondent No,5 or to issue administrative order on such-like miscellaneous application because the only forum regarding such-like cases is august Supreme Court of Pakistan which can take sou motu notice in the interest of public interest under Article 184 of the Constitution of Islamic Republic of Pakistan, 1973. He submitted that the issuance of license of bus stand etc. Is job of T.M.O. Under N.-W.F.P. Local Government Ordinance, 2001. He urged that the learned Sessions Judge, Lakki Marwat due to personal grudges, ulterior motive and utter disrespect the order of this Court has passed the impugned order for which he has no jurisdiction neither any authority to pass such like order. In this respect he relied upon the dictum of this Court in case titled Meraj Ahmad Khan v. Syed Masoom Shah and 9 others reported in PLD 2005 Peshawar-96.
4. Learned D.A.-G. Appeared on behalf of the respondents conceded the arguments advanced by learned counsel for the petitioner.
5. We have heard learned counsel for the parties and perused the record, in the light of which our finding is as under.
6. Perusal of the record 'reveals that the learned Sessions Judge, Lakki Marwat has travelled beyond his jurisdiction and he has no authority to take cognizance on the complaint of respondent No,5.
Learned Sessions Judge, Lakki Marwat has not mentioned in his order that under what provision of law he had proceeded with the case and under what authority he has passed the impugned order directing the petitioner and other government functionaries regarding the administrative work which become under the domain of the petitioner as prescribed in N.-W.F.P. Local Government Ordinance, 2001. The dictum of this Court referred by learned counsel for the petitioner clearly shows the power of Local Government for issuance of authorization of bus stand and collection of fee. The petitioner has acted according to law regarding the issuance of license of bus stand.
7. We have also taken the notice of the conduct of learned Sessions Judge, Lakki Marwat who in spite of the suspension of order dated 9-6-2011 passed in Writ Petition No,579 of 2011 carried out the proceedings and in violation of that order, the learned Sessions Judge, Lakki Marwat had assumed the jurisdiction of the august Supreme Court of Pakistan which is violation of judicial practice as well as the law of the land. Through this order we warn the learned Sessions Judge, Lakki Marwat to be careful in future, because such-like act and attitude may expose him to an action under the Contempt Law.
8. In the light of our above observation, the instant writ petition is accepted and all the proceedings and orders passed on the application of respondent No,5 are set aside. The office is directed to send the order of this Court to learned Sessions Judge, Lakki Marwat for compliance.