1994 PLP 1139 (MLD)

Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, M/s. Munir & Co. have prayed for the issuance of an injunctive order against Municipal Committee, Samundari. "...from appointing the new staff for opening Octroi Post at Point No.7 for Municipal Committee, Samundari." .

2. The only argument addressed in support of the petition is that under rule 6 of the Octroi Rules, 1964, it is the Municipal Committee concerned which has the power to provide for "Octroi Posts at such places within or without the municipality as may be necessary for the assessment, collection and administration of Octroi". But the appointment of the staff made by the then Chairman, Municipal Committee was found to be violative of the Government policy issued vide Letter No.SOR-III 256/93, dated 25-5-1993 and the Deputy Commissioner, Faisalabad having so held in his order dated 9-9-1993 passed on the applications of Abdul Ghafoor, Muhammad Arshad, Muhammad Haleem, and Jabbarul Haque against the illegal appointments made by the ex-Chairman of Municipal Committee, Samundri. His further advice to respondent -Administrator that the applications of the applicants are considered keeping in consideration of their experience and qualifications under the rules in case when the appointments are made any time after the lifting of ban", is totally inefficacious in law. According to the learned counsel for the petitioner, there is no necessity of setting up an Octroi Post at Point No.7 as appropriate number of posts have already been established on all the six roads leading to the Municipal Committee limits as also regulating the traffic from within the Municipal limits, outside. He was further of the view that as the petitioner-company is the contractor for collection of octroi and as they are already incurring losses on account of the subject-matter of the contract thereof, any future action to be taken by the respondent-Administrator will work for the prejudice of the petitioner contractor and therefore it has the requisite locus standi to file the instant petition. 3. 1 am afraid the contentions raised in support of the locus standi of the petitioner as also the alleged violation of rule 6 of the Octroi Rules, 1964 are lacking in merit, manifestly. The petitioner as a contractor can hardly make a grouse about the establishment Octroi Posts at appropriate places with a view to collection of octroi by the Municipal Committee through its own staff or through the staff appointed by it but put under the supervision etc. of the contractor for the time being. It is the case of the petitioner itself that the order passed by the then Chairman, Municipal Committee, Samundri vide letters Nos.458/LD and 459/LD dated 4-7-1993 have been held to be violative of the Government policy dated 25-5-1993 and the Deputy Commissioner has already set the same aside and ordered the arrangements for the refund of all the amounts paid to them, to the fund of the Local Council concerned. The applications of afore referred Abdul Ghafoor and others challenging the illegal appointments made by the then Chairman having been allowed and appropriate directions issued with a view to making the appointments in future. after the lifting of the ban, the petitioner-Company can hardly be considered to be aggrieved of any action taken by the competent authority i.e. Deputy Commissioner or even the proposed action of the Administrator, according to law.

4. As regards the contention that the petitioner-Company is already suffering heavy losses on account of sparse turn out at the existing Octroi Posts, suffice it to say that the only remedy of the petitioner lies in seeking its relief from the Municipal Committee during the currency of the contract and/or after its determination. No ground for interference in these proceedings on that account has been made out, either. Resultantly the petition fails and is hereby dismissed in limine. AA./M-1425/L Petition dismissed.