1997 P Cr (PLP)

S. 144

Constitution of Pakistan (1973) Art. 199

Constitutional petition-- Order passed under S.144, Cr.P.C. prohibiting parking of buses, coasters and wagons in the Chowk concerned and using the said Chowk as a halting point having expired, could not be implemented by the High Court in its Constitutional jurisdiction

Subsequent office order being of administrative nature could be implemented by the Authority which had passed the same in accordance with law

Even otherwise said order was not shown to have infringed any right of the petitioners and they had sought its implementation without exhausting other Departmental remedies

Constitutional petition being incompetent was dismissed in limine. Sh. Zia-ud-Din Ahmad Qamar for Petitioner. Petitioners are shopkeepers at the General Bus Stand, Chichawatni. The shops were leased out to them and they are regularly paying the lease money/rent to the Municipal Committee, Chichawatni for the aforesaid shops. All types of public transport i.e. Buses, Coasters, Wagons were previously parked at the General Bus Stand, but recently vehicles started stopping or halting at Burewala, Sahiwal-Faisalabad Chowk instead of using the General Bus Stand. This allegedly effected the business of the petitioners. Respondent No. 1 received various complaints from the general public whereupon an order under section 144, Cr.P.C. was issued on 30-7-1996 for two months directing that no person shall park his bus/coaster/wagon in Burewala-Sahiwal-Faisalabad Chowk of Chichawatni nor the aforesaid Chowk was to be used as a halting point. That order was to remain in force for two months, from the date of its issuance. Thereafter, respondent No. 1 made another office order, dated 19-11-1996 which was addressed to respondents Nos.2 to 4 directing that buses etc. shall be allowed to enter in and operate from the General Bus Stand of Municipal Committee, Chichawatni and that no person should obstruct any vehicle entering or leaving the aforesaid approved Bus Stand.

2. It is contended in this writ petition that aforesaid orders passed by Assistant Commissioner are not being enforced by respondents Nos.2 to

4. It is, therefore, prayed that respondent No. 1 should be directed to implement the aforesaid order issued by him and that respondents Nos.2 to 4 may be restrained to take any action against the petitioners because of the institution of this writ petition.

3. I have considered the foregoing contention and find that the order, dated 31-7-1996 under section 144, Cr.P.C. has since expired. There is, therefore, no question of its implementation through any direction to be passed by this Court in the writ petition. The office order, dated 19-11-1996 is or administrative nature, which has been addressed to respondents Nos. 2 to 4 for compliance. It has not been shown as to how and what right of the petitioners has been infringed if the buses etc. have ceased to enter the General Bus Stand. The petitioners have simply prayed in this petition for the implementation of impugned order, dated 19-11-1996 passed by respondent No.

1. Needless to say that the authority which passed the order should implement the same in accordance with law. The petitioner, however, cannot make a prayer for execution of the aforesaid order through this Court without exhausting other departmental remedies. In this respect, the officers in higher hierarchy to respondent No.1 may be approached for the implementation of the order in question. Admittedly no such steps have been taken by the petitioners to exhaust those remedies before coming to this Court. As such this writ petition is not competent and the same is dismissed in limine. C. Ms. Nos. l and 2848 of 1996 The main writ petition has been dismissed. These applications are also dismissed. N.H.Q./T-15/L Petition dismissed