2004 PLP 1120 (SCMR)
MUHAMMAD RIAZ BHATTI — Petitioner Versus FEDERATION OF PAKISTAN and another — Respondents
| Citation | 2004 PLP 1120 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Iftikhar Muhammad Chaudhry and Tanvir Ahmed Khan, JJ |
| Parties | MUHAMMAD RIAZ BHATTI — Petitioner Versus FEDERATION OF PAKISTAN and another — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2004 PLP 1120 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP 1120 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Iftikhar Muhammad Chaudhry and Tanvir Ahmed Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 1120 (SCMR) (MUHAMMAD RIAZ BHATTI — Petitioner Versus FEDERATION OF PAKISTAN and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Naseer Ahmed Bhutta, Advocate Supreme Court with S. Abul Aasim Jafri, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 5th June, 2002.
Headnotes / Summary
(On appeal from the order, dated 25-4-2002 of the Lahore High Court, Lahore, passed in Objection Case Diary No. 12040 dated 17-4-2002).
Arts. 199 & 185(3)
High Court (Lahore) Rules and Orders, Vol. V, Chap. 1-A, R.9
Civil Procedure Code (V of 1908), O. I, R.8-- Constitutional petition filed in a representative capacity-- Maintainability
Relief under Art. 199 of the Constitution could only be sought by an aggrieved person
Office of High Court had refused to accept Constitutional petition as petitioner had sought relief on the basis of vague plea
High Court after considering office objection had rightly upheld the same
Supreme Court dismissed petition.
Judgment & Decree
IFTIKHAR MUHAMMAD CHAUDHRY, J.
Leave to appeal is sought against the order, dated 25-4-2002 passed by the learned Chief Justice of the Lahore High Court whereby he upheld the objection raised by the office. Precisely stating facts of instant petition are that the petitioner instituted a writ petition m the Lahore High Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, wherein it was stated that the petitioner is an elected Councilor from Ward No. 84, Lahore, and areas of Akram Park, Umar Colony, Fazal Colony, Abu Bakar Siddique Colony, Shabbir Town, Ghulam Hussain Colony, Shaheenabad and Yousaf Nagar are included in the above Ward. It was also averred that the said Union Council consisted of about 40,000 people but unfortunately they are still deprived of the basic amenity of Sui Gas which facility has been provided to the entire city of Lahore. The learned High Court through the impugned order, dated 24-4-2002 upheld the objection raised by the office in not entertaining the writ petition. The contents of the said order read as under:
"Nemo. Office objection is sustained being well based since not only each applicant will have to vouch facts qua the applied for gas connection through separate affidavits but fiscal implications are also involved." Learned counsel stated that the petitioner is a Councilor and, therefore, he instituted a writ petition in a representative capacity, as such the same was maintainable. It may be noted that in terms of Article 199 of the Constitution relief is only to be sought by an aggrieved person but in present case it appears that on the basis of vague plea the petitioner has sought relief, as such the office of the High Court refused to accept the said writ petition. The learned Chief Justice, after having considered the office objection, upheld the same. In our opinion, the objection raised by the office has been rightly maintained, therefore, no interference by this Court is called for. The instant petition is therefore dismissed. S.A.K./M-590/S Petition dismissed.