2008 PLP 1845 (YLR)
PAKISTAN STATE OIL COMPANY LIMITED, SUKKUR through Owner and 2 others — Petitioners Versus TEHSIL MUNICIPAL ADMINISTRATION, RAHIMYAR KHAN through Nazim, Tehsil Council and 2 others — Respondents
| Citation | 2008 PLP 1845 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Sh. Hakim Ali, J |
| Parties | PAKISTAN STATE OIL COMPANY LIMITED, SUKKUR through Owner and 2 others — Petitioners Versus TEHSIL MUNICIPAL ADMINISTRATION, RAHIMYAR KHAN through Nazim, Tehsil Council and 2 others — Respondents |
| Primary Law | Punjab Local Government (Property) Rules, 2003 |
Q1: What are the key laws and sections cited in 2008 PLP 1845 (YLR)?
This judgment primarily cites: Punjab Local Government (Property) Rules, 2003 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 1845 (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: 2008 PLP 1845 (YLR) (PAKISTAN STATE OIL COMPANY LIMITED, SUKKUR through Owner and 2 others — Petitioners Versus TEHSIL MUNICIPAL ADMINISTRATION, RAHIMYAR KHAN through Nazim, Tehsil Council and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sardar Muhammad Hussain Khan and Mian Saeed Ali Bhatti for Petitioner.
- Ch. Muhammad Ashraf Mohandra for Respondents Nos.1 and 2.
Headnotes / Summary
Rr. 16 & 17
Constitution of Pakistan (1973), Art.199
Constitutional petition
House of Tehsil Municipal Administration extended the lease period of the petitioners up to five years, Secretary, Provincial Local Government rejected said extension
House of Tehsil Municipal Administration passed order of extention of lease period on the date when Punjab Local Government (Property) Rules, 1981, which were later on repealed vide R.17 of Punjab Local Government (Property) Rules, 2003, were very much in field and were not repealed
Said Rules, had empowered the Local Council to pass resolution of extension of lease period
Right having been accrued to the petitioners under old Punjab Local Government (Property) Rules, 1981, it could not be snatched away by and through the order of Provincial Secretary--Impugned order was declared illegal and unlawful
Tehsil Municipal Administration concerned was directed to execute formal lease deed and to receive the amount of lease money as held by the House of Tehsil Municipal Administration for further five years accordingly.
Judgment & Decree
SH. HAKIM ALI, J.
Through this writ petition, the writ petitioners are aggrieved by the order dated 8-11-2004, passed by Secretary to the Local Government of the Punjab, who had passed the order rejecting the extension of lease period for five years, which was passed by the house of Tehsil Municipal Administration, Rahimyar Khan. As per learned counsel for the writ petitioners, the Punjab Local Councils (Property) Rules, 1981 were in force when the order dated 21-1-2003 was passed by the House of Tehsil Municipal Administration, which had extended the lease period of the petitioners up to five years. Therefore, the aforesaid local counsel having authority and power to extend lease due to above mentioned Rules it could not be upset by the Secretary, to the Local Government of the Punjab by applying recent property Rules of 2003, which were enforced on 17-12-2003. Therefore, it has been prayed that the order dated 8-11-2004, passed by the Secretary, Local Government, Government of the Punjab may be declared illegal and unlawful.
2. Learned counsel appearing on behalf of Tehsil Municipal Administration, Rahimyar Khan has opposed the writ petition by stating that the Secretary, Local Government has the power to undo the resolution passed by the Tehsil Municipal Administration. Therefore, order passed by the Secretary, Local Government may be upheld.
3. After hearing the learned counsel and from the perusal of the record, it has been found that the order was passed by the House of Tehsil Municipal Administration on 21-10-2003. On that date when the lease period was extended for 5 years, the Punjab Local Government (Property) Rules, 1981 were in picture. The latter property rules had empowered the local council to pass such resolution of extension of lease period. The right has been accrued to the petitioners under the old law of Property Rules of 1981, it could not be snatched away by and through the order of Secretary/respondent. So, the impugned order dated 8-11-2004 passed by respondent No.3 is declared illegal and unlawful. Consequently, the Tehsil Municipal Administration, Rahimyar Khan is directed to execute formal sale-deed and to receive the amount of lease money as held by the house of Tehsil Municipal Administration' for further five years from the date approval of the House, i.e. 21-10-2003. However, the petitioners are directed to deposit lease money within one month, if the same is due and has not been paid. If the petitioners failed to comply with this order, the Tehsil Municipal Administration shall be at liberty to .take legal proceedings. So, the writ petition is disposed of with the above-noted terms. H.B.T./P-6/L Order accordingly.