2006 PLP 596 (CLC)
MUHAMMAD SHARIF — Petitioner Versus TEHSIL COUNCIL KAHROR PAKKA, DISTRICT LODHRAN through Nazim and another — Respondents
| Citation | 2006 PLP 596 (CLC) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD SHARIF — Petitioner Versus TEHSIL COUNCIL KAHROR PAKKA, DISTRICT LODHRAN through Nazim and another — Respondents |
| Primary Law | Punjab Local Government Ordinance (XIII of 2001) |
Q1: What are the key laws and sections cited in 2006 PLP 596 (CLC)?
This judgment primarily cites: Punjab Local Government Ordinance (XIII of 2001) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 596 (CLC)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 596 (CLC) (MUHAMMAD SHARIF — Petitioner Versus TEHSIL COUNCIL KAHROR PAKKA, DISTRICT LODHRAN through Nazim and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ms. Moona Safdar for Petitioner.
- Malik Qasim Khan Joya for Respondent No. 1.
Headnotes / Summary
Ss. 57 & 67
Constitution of Pakistan (1973), Art. 1 99
Constitutional petition
Declaring petitioner as police tout
Powers and functions of Tehsil Council and Tehsil Nazim
Nazim of Tehsil Council concerned through a resolution declared petitioner a police tout and recommended that his entry in City Police Station be banned
No power had been vested in Tehsil Council or Tehsil Nazim to declare a citizen to be a police tout
High Court allowing constitutional petition by petitioner, set aside impugned resolution being without lawful authority and void.
Judgment & Decree
MAULVI ANWARUL HAQ, J.
This writ petition questions a resolution passed by the respondent No.1 (Annexure "G") whereby the petitioner has been declared a police tout and it has been recommended that his entry in Police Station City be 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 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 entering Police Station City. The resolution was carried.
4. Now section 67 of the Punjab Local Government Ordinance, 2001 provides the functions and powers of' the 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 declare 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. H.B.T./M-62/L??????????????????????????????????????????????????????????????????????????????????? Petition allowed.