2005 PLP 1600 (YLR)
JAMAL DIN — Petitioner Versus District coordination officer and 2 others — Respondents
| Citation | 2005 PLP 1600 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Sh. Hakim Ali, J |
| Parties | JAMAL DIN — Petitioner Versus District coordination officer and 2 others — Respondents |
| Primary Law | Licence and Licensee |
Q1: What are the key laws and sections cited in 2005 PLP 1600 (YLR)?
This judgment primarily cites: Licence and Licensee as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 1600 (YLR)?
The case was heard and decided by the Lahore bench comprising: Sh. Hakim Ali, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 1600 (YLR) (JAMAL DIN — Petitioner Versus District coordination officer and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ghazanfar Ali Khan for Petitioner.
- Ch. Abdul Rasheed, Superintendent for Respondent No.1.
- Ch. Abdul Latif Shahid for Respondent No.2.
- Date of hearing: 12th January, 2004.
Headnotes / Summary
Issuance of licence, cancellation of-- Licence for installing and running small grinding mill known as 'Chakki', duly issued to petitioner' by Tehsil Municipal Officer, was cancelled by Tehsil Nazim and said order of cancellation of licence was upheld by District Co-ordination Officer-- Grievance of petitioner, who filed Constitutional petition against order of cancellation, was that he had not violated any term and condition of licence and that licence was granted to him after verification of facts and ground realities"
Respondent contended that if petitioner undertook to comply with terms and conditions of the licence specially with regard to closing of "Chakki" at the time of saying of prayers and lessening of noise, Tehsil Nazim would have no objection to restore his licence-- Petitioner present in Court having undertaken to abide by the terms and conditions offered to him, order cancelling licence of petitioner was set aside and same was restored with observation that in case of violation of terms and condition, in future petitioner would be liable to be proceeded against strictly in accordance with law--Constitution of Pakistan (1973), Art. 199.
Judgment & Decree
Ghazanfar Ali Khan for Petitioner. Ch. Abdul Rasheed, Superintendent for Respondent No.1. Ch. Abdul Latif Shahid for Respondent No.2. Date of hearing: 12th January, 2004. Through this petition the petitioner seeks indulgence of this Court for declaring the impugned order dated 17-12-2003 passed by D.C.O. Bahawalpur by which his appeal against the order dated 5-4-2003 passed by Tehsil Nazim, Yaiman was dismissed, to be illegal and without lawful authority.
2. The brief facts are that the petitioner had installed a small grinding mill, commonly known as Chakki in Chak No. 111/DNB, Tehsil Yazman, District Bahawalpur, for which licence was issued by Tehsil Municipal Officer Yazman vide his order No.114, dated 2-3-2003. After the grant of permission the petitioner had installed Chakki and was earning his livelihood through the grinding mill, when all of a sudden Mr. Muhammad Hanif Tehsil Nazim ha cancelled the licence of the petitioner and directed Tehsil Officer Planning to seal the "Chakki" on 5-4-2003 which order was set aside by D.C.O. and remanded the case to Tehsil Nazim who had maintained his earlier order through his order dated 2-5-2003. The petitioner had again filed appeal before D.C.O., which was decided on 18-12-2003, which had upheld the order of Tehsil Nazim.
3. The grievance of the petitioner is that he had not violated any terms and conditions of the licence and the licence was granted after verification of the facts and the ground realities. It has further been stated that due to inimical terms of the Lumberdar of that area, it is motivated to deprive the petitioner from his earning.
4. At this stage the learned counsel appearing on behalf of Tehsil Nazim, respondent No.2 was asked as to what was the material upon which the petitioner's licence was cancelled. The learned counsel replies that if the petitioner undertakes to comply with the terms and conditions of the licence specially with regard to the closing of the grinding mill at the time of saying of prayers and lessening of noise, the Tehsil Nazim would have no objection to restore his licence.
5. Jamal Din, the petitioner is present in the Court and h~ undertakes to abide by the terms and conditions as stated and offered by the learned counsel for the Tehsil Nazim. In this state of the affairs, the order dated 17-12-2003 passed by the D.C.O., Bahawalpur is set aside, and the licence of the petitioner is restored with this condition that he would abide by the undertaking given to this Court as well as to the Tehsil Nazim. In case of violation of terms and conditions, in future, the petitioner would be liable to be proceeded against strictly in accordance with law. With these observations, the writ petition is accepted without any order as to cost. H.B.T./J-64/L Petition accepted.