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PLJ 2021 Lahore 622

Haji Mehr Khan vs Government Of Punjab and others

CitationPLJ 2021 Lahore 622
CourtLahore High Court
Case No.W.P. No. 23404 of 2017
Date2020-10-05
Judge(s)Shahid Karim
ResultPetition disposed of

ORDER

The only prayer made in this petition is that school was constructed temporarily on the land of the petitioner which was never transferred in the name of the Government. However , later on, school was merged with Government Girls Middle School Dhok Ali Khan. Now the respondents are transferring the school to a private sector through a scheme commonly known as PSSP scheme. The only grievance of the petitioner is that this cannot be done and moreover respondents have not served on the petitioner any notice regarding the basis in law on which school and its building is being transferred to the private sector .

2. Learned Assistant Advocate General is present on Court's call.

3. Respondents were directed to file a reply to this petitioner which has not been done so far. However , primary issue relates to the respondents who must have in the first instance issued a speaking order regarding fate of the school in question and if at all it is required to be transferred to the private sector , the basis in law must be given or a policy must be referred issued by the Government of Punjab which empowers the respondents to take the action to which challenge has been laid in this petition. In view of the above, this petition is disposed of with a direction to Respondent No. 2 to decide upon the subject matter school in this petition. He shall do so after providing the petitioner an opportunity of hearing and by analysing the entire record as well as policy which has been issued by the Government of the Punjab. This shall be done within a period of one month from the receipt of a certified copy of this order . Till the time determination is made by Respondent No. 2, status quo shall be maintained with regard to the school and land in question.

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