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2003 MLD 1635

LIAQAT ALI vs CITY NAZIM and others

Citation2003 MLD 1635
CourtLahore High Court
Case No.Writ Petition No,4864 of 2002
Date2002-03-26
Judge(s)Sayed Sakhi Hussain Bokhari, Chaudhry Ijaz Ahmed
ResultOrder accordingly

ORDER

' The brief facts out of which the present writ petition arises are that according to the petitioner his land is not situated in the notified area of Municipal limits of Faisalabad. Therefore, the respondent has no authority to take action against the petitioner. Learned counsel of the petitioner submits that employees of the respondent issued a notice to the petitioner under section 64 and 65 of the Punjab Local Government Ordinance, 1979 which has been repealed in view of section 196 of Punjab Local Government Ordinance, 2001. He further submits that employees of the respondent have no lawful authority to proceed against the petitioner. He further submits that employees of the respondent have taken the law in their own hands.

2. We have considered the contentions of the learned counsel of the petitioner and perused the record ourselves. The petitioner has filed this writ petition without attaching any document to show that respondent's employees have initiated proceedings against the petitioner. It is settled principle of law that writ petition is not maintainable against apprehension as per principle laid down by the Honourable Supreme Court in National Re-rolling Steel Mills case (1968 SCM R 317(2)).

' However, in the interest of justice and fairplay let a copy. Of the writ petition be sent to District Coordination Officer concerned who is directed to look into the matter personally and pass an appropriate order strictly in accordance with law after providing proper hearing to all the concerned including the petitioner and representative of respondent within 20 days after receiving order of this Court. The petitioner is directed to appear before the District Coordination Officer in his office on 5-4-2002 at 11 a.m. Who is directed to pass an appropriate order strictly in accordance with law preferably within 20 days till 25-4-2002. He is further directed to submit report to Deputy Registrar (Judicial) of this Court within the stipulated period. The employees of the respondent-are directed to act strictly in accordance with law. Learned counsel of the petitioner is directed to hand over a copy of the writ petition alongwith all the annexures to Malik Khizar Hayat Khan, A.A.-G. Who is directed to send the same to D.C.O. Concerned for necessary action and compliance.

' With these observations this writ petition is disposed of.

Cited by 5 cases

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