Through this writ petition, order dated 01.12.2015 is challenged whereby Tehsil Officer (P&C) Tehsil Municipal Administration, Respondent No. 4, cancelled the approved building plan of the petitioner .
2. Facts of the case in brief are that the petitioner is owner of land measuring 9 Marla situated in Andar Committee, Mouza Jehlum purchased by his father vide sale deed dated 02.07.1991. On interference by the Administrator , Municipal Committee, Jehlum in the possession of the petitioner's father over the said plot, a suit was instituted which was disposed of on 16.04.2001 on the conceding statement of the learned counsel for the administrator whereby it was stated that the petitioner's father will not raise any construction over the said plot without prior permission of the Municipal Committee, Jehlum. The building plan submitted by the petitioner was approved in the year 2001-2002. However , subsequently the Tehsil Municipal Administration, Jehlum required the petitioner to obtain NOC from the Irrigation Department as the said department had already acquired the plot. The petitioner thereafter filed a suit against the Irrigation Department in which suit the SDO, Irrigation Department recorded his statement on 09.10.2015 that the Irrigation Department had no concern with the petitioner's plot and that the property of Irrigation Department and the petitioner's plot were situated in different Khasra numbers. The demarcation report was alsa produced in the said suit as Exh.D-2 by the Irrigation Department whereafter petitioner's suit was decreed on 30.10.2015. Notwithstanding the decision in the above mentioned suit, the Tehsil Municipal Administration vide order dated 01.12.2015 again cancelled the approved site-plan of the petitioner , hence this petition.
3. Learned counsel for the petitioner contended that the petitioner is being intentionally , targeted at the behest of an office bearer of the ruling party and that after passing of the decree in the petitioner's suit filed by the Irrigation Department, there remain no justification for the Tehsil Municipal Administration, Jehlum to cancel the approve site- plan of the petitioner . Learned counsel for the Tehsil Municipal Administration, Jehlum/Respondent No. 4 took up the plea that the petitioner ought to have filed an appeal before Tehsil Nazim instead of filing the writ petition which, according to him, was not maintainable.
4. Arguments heard and record perused.,
5. Order dated 01.12.2015 impugned herein reads as under: {{URDU TEXT}} Mere perusal of the said order ows that it was issued with mala fide just to target the petitioner . The petitione r's is suit against Irrigation Department had already been decreed on the statement made by the SDO in which it was clearly stated that the Irrigation Department had no concern with the petitioner's plot. In the parawise comments filed by the Tehsil Municipal Administration, Jehlum it was So stated that in the meeting held the District Government in which the officials of the Irrigation Department also participated it was agreed that the approved site-plan is liable to be cancelled as the plot if was situated near the bank of river and the approve site-plan was obtained without NOC of Irrigation Department. The reasons given in the impugned order for cancellation of the approved site-plan and the contents of the parawise comments have no nexus with each other . Besides the necessary documents substantiating the allegations contained in the impugned order and the parawise comments have not been brought on record.
6. There appears to be no lawful justification whatsoever for passing of the impugned order whereby the petitioner's approved site-plan was cancelled more so when the Irrigation Department made a categorical statement in the petitioner's suit that it had no connection with the petitioner's plot and accordingly that suit was decreed in favour of the petitioner . In the garb of an admin istrative order , the official of Tehsil Municipal Administration, Jehlum, Respondent No. 1 is trying to nullify the effect of decree dated 30.10.2015 passed in the petitioner's suit against the Irrigation Department, which is not permissible.
7. In the circumstances, this petition is allowed and order dated 01.12.2015 passed by Respondent No. 4 is set aside being without lawful authority and of no legal ef fect.