1991CLC 1467 (PLP)
Ch. MUHAMMAD HUSSAIN and 9 others‑‑‑Petitioners Versus SECRETARY, LOCAL GOVERNMENT & RURAL DEVELOPMENT
| Citation | 1991CLC 1467 (PLP) |
| Forum / Court | Lahore |
| Bench Members | Irshad Hasan Khan, J |
| Parties | Ch. MUHAMMAD HUSSAIN and 9 others‑‑‑Petitioners Versus SECRETARY, LOCAL GOVERNMENT & RURAL DEVELOPMENT |
| Primary Law | Punjab Local Government Ordinance (VI of 1979)‑‑‑ |
Q1: What are the key laws and sections cited in 1991CLC 1467 (PLP)?
This judgment primarily cites: Punjab Local Government Ordinance (VI of 1979)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991CLC 1467 (PLP)?
The case was heard and decided by the Lahore bench comprising: Irshad Hasan Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991CLC 1467 (PLP) (Ch. MUHAMMAD HUSSAIN and 9 others‑‑‑Petitioners Versus SECRETARY, LOCAL GOVERNMENT & RURAL DEVELOPMENT). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Mushtaq Ahmad Khan and Asadullah Siddiqui for Petitioners.
- Rana Muhammad Arshad Addl, A.‑G. with Muhammad Iqbal Vehniwal for Respondent.
- Date of hearing: 2nd April, 1991.
Headnotes / Summary
‑‑‑‑S. 40‑‑‑Punjab Local Councils (Works) Rules, 1981, Rr, 2(b) & 24‑‑ Constitution of Pakistan (1973), Art.199‑‑‑Report submitted by Secretary to the Provincial Government stated that order was an interim order and final adjudication of the matter was under consideration‑‑‑In the interest of expeditious disposal of the dispute between the parties and with a view to avoiding protracted litigation, High Court directed Government to take a final decision in the matter expeditiously, but not later than 90 days from date of order of the Court with a note that petitioners also be afforded opportunity to explain their view point.
Judgment & Decree
‑‑‑‑S. 40‑‑‑Punjab Local Councils (Works) Rules, 1981, Rr, 2(b) & 24‑‑ Constitution of Pakistan (1973), Art.199‑‑‑Report submitted by Secretary to the Provincial Government stated that order was an interim order and final adjudication of the matter was under consideration‑‑‑In the interest of expeditious disposal of the dispute between the parties and with a view to avoiding protracted litigation, High Court directed Government to take a final decision in the matter expeditiously, but not later than 90 days from date of order of the Court with a note that petitioners also be afforded opportunity to explain their view point. Ch. Mushtaq Ahmad Khan and Asadullah Siddiqui for Petitioners. Rana Muhammad Arshad Addl, A.‑G. with Muhammad Iqbal Vehniwal for Respondent. Date of hearing: 2nd April, 1991. The Government of Punjab has passed an executive order on 23‑9‑1989 introducing a system of granting technical sanctions to the arrangement of works of Local Councils. This order has been held in abeyance on 7th October, 1989. The grievance of the petitioners is that the term "Local Council Engineer" as defined in rule 2 (b) of the Punjab Local Councils (Works) Rules, 1981, includes the Chief Engineer of a Local Council and as such the works within the competence of the Chief Engineer cannot be allocated for the purpose of technical sanction to the Engineers of Rural Development Department, which is intended to be done in pursuance of the impugned order.
2. During the pendency of the writ petition, the Secretary to the Government of Punjab, Local Governments and Rural Departments, agreed to the revival of the order dated 7‑10‑1989 with certain modifications as stated in the document A/1. Learned counsel for the petitioners is not satisfied with the aforesaid arrangement and is of the view that the impugned letter dated 7‑10 1989 with the modifications contemplated in the memo dated 27‑1‑1990 is violative of the provisions of section 40 of the Punjab Local Government Ordinance read with rule 24 of the Punjab Local Councils (Works) Rules, 1981.
3. Be that as it may, it is clearly stated in the report submitted by the Secretary to the Government of the Punjab, Local Government and Rural Development Department that the impugned order is an interim order and final adjudication of the matter is under consideration. In the interest of expeditious disposal of the dispute and with a view to avoid protracted litigation, the respondent is directed to take a final decision in the matter as expeditiously as possible but not later than 90 days from today. The petitioners be also afforded an opportunity to explain their view point. With this observation the writ petition is disposed of with no order as to costs. A copy of this judgment be sent to the respondent forthwith. H.B.T/M-2806/L Order Accordingly.