1999 PLP 1642 (CLC)
ATLAS KHAN alias MIR ATLAS KHAN‑‑‑Petitioner Versus ASSISTANT REGISTRAR, COOPERATIVE SOCIETIES‑‑‑Respondent
| Citation | 1999 PLP 1642 (CLC) |
| Forum / Court | Peshawar |
| Bench Members | Jawaid Nawaz Khan Gandapur and Nasir‑ul‑Mulk, JJ |
| Parties | ATLAS KHAN alias MIR ATLAS KHAN‑‑‑Petitioner Versus ASSISTANT REGISTRAR, COOPERATIVE SOCIETIES‑‑‑Respondent |
| Primary Law | Constitution of Pakistan (1973)‑‑‑ |
Q1: What are the key laws and sections cited in 1999 PLP 1642 (CLC)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 1642 (CLC)?
The case was heard and decided by the Peshawar bench comprising: Jawaid Nawaz Khan Gandapur and Nasir‑ul‑Mulk, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 1642 (CLC) (ATLAS KHAN alias MIR ATLAS KHAN‑‑‑Petitioner Versus ASSISTANT REGISTRAR, COOPERATIVE SOCIETIES‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Dost Muhammad Khan for Petitioner
Headnotes / Summary
‑‑‑‑Art. 199‑‑‑Constitutional petition‑‑‑Maintainability‑‑‑Factual controversy‑‑ Registrar. Cooperative Societies issued notice for recovery of loan obtained by petitioner‑‑‑Serious factual controversies existed between parties ‑‑‑Effect‑‑ Resolution of factual controversy, requiring recording of evidence could not be done in a Constitutional petition‑‑‑Petition being not maintainable was dismissed in limine.
Judgment & Decree
Writ Petition No. 130 of 1998, decided on 4th February, 1999 ‑‑‑‑Art. 199‑‑‑Constitutional petition‑‑‑Maintainability‑‑‑Factual controversy‑‑ Registrar. Cooperative Societies issued notice for recovery of loan obtained by petitioner‑‑‑Serious factual controversies existed between parties ‑‑‑Effect‑‑ Resolution of factual controversy, requiring recording of evidence could not be done in a Constitutional petition‑‑‑Petition being not maintainable was dismissed in limine. Dost Muhammad Khan for Petitioner NASIR‑UL‑MULK, J.‑‑‑ The petitioner, Atlas Khan, has filed this writ petition to question the notice issued by the Assistant , Registrar, Cooperative Societies, Bannu directing the petitioner and three others to repay, before 31‑10‑1997, the outstanding amount regarding the loan taken from the Cooperative Bank. The petitioner denied being either member of the Cooperative Society of Anjuman‑e‑Imdad Bahimi Kotka Sahib Shah, Bannu or having taken any loan from the Cooperative Bank. In the comments filed in response to the writ petition the Assistant Registrar, Cooperative Societies averred that the petitioner was the Secretary of the Society and that he had also mortgaged his landed property in lieu of the loan advanced to the Society.
2. At the hearing of the writ petition, in motion, we summoned the Assistant Registrar to the Court. He appeared alongwith the relevant record pertaining to the loan. We were shown the various documents signed by the petitioner as well as the photo copy of the identity card of the petitioner furnished by him to the Bank. The Registrar also produced the revenue papers whereby the petitioner had mortgaged his property with bank to secure the loan advanced to the Society.
3. Serious factual controversies exist between the parties regarding the membership of the petitioner of the Society to which the loan had allegedly been advanced, receipt of any loan by the petitioner and mortgage of the petitioner's property with the bank. Resolution of such factual controversy requires recording of evidence. That cannot be done in Constitutional petition. For this reason, we are of the view that the writ petition is not maintainable. We would, therefore, dismiss this writ petition in limine, without dilating upon the merits of the opposing stand taken by the parties. Q. M. H. /M. A. K. /321 /P Petition dismissed,