2007 PLP 35 (CLC)
Messrs ACE QUALITY (PVT.) LIMITED through Chief Executive — Petitioner Versus TEHSIL MUNICIPAL ADMINISTRATION, MULTAN SADDAR through Nazim and 3 others — Respondents
| Citation | 2007 PLP 35 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Maulvi Anwarul Haq, J |
| Parties | Messrs ACE QUALITY (PVT.) LIMITED through Chief Executive — Petitioner Versus TEHSIL MUNICIPAL ADMINISTRATION, MULTAN SADDAR through Nazim and 3 others — Respondents |
| Primary Law | Punjab Local Government Ordinance (XIII of 2001) |
Q1: What are the key laws and sections cited in 2007 PLP 35 (CLC)?
This judgment primarily cites: Punjab Local Government Ordinance (XIII of 2001) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 35 (CLC)?
The case was heard and decided by the Lahore bench comprising: Maulvi Anwarul Haq, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 35 (CLC) (Messrs ACE QUALITY (PVT.) LIMITED through Chief Executive — Petitioner Versus TEHSIL MUNICIPAL ADMINISTRATION, MULTAN SADDAR through Nazim and 3 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Muhammad Waseem for Petitioner.
- Haji Muhammad Aslam Malik and Mahmood Ashraf Khan for Respondents.
- Date of hearing: 6th June, 2005.
Headnotes / Summary
Ss. 54(1)(g) & 192
Constitution of Pakistan (1973), Art.199
Constitutional petition
Levying and collecting advertisement fee
Authorities were required to regulate affixing of Sign-Boards and advertisements by framing bye-laws under S.192 of Punjab Local Government Ordinance, 2001, but Authorities had levied the fee without framing said bye-laws
Constitutional petitions were disposed of with the direction that Authorities would remain restrained from imposing or collecting advertisement fee in question from petitioners otherwise than in accordance with law- Impugned demand notices were accordingly declared to be without lawful authority and were quashed.
Judgment & Decree
MAULVI ANWARUL HAQ, J.
This judgment shall dispose of Writ Petitions Nos.1522 of 2005, 1516 of 2005, 1941 of 2005, 2601 of 2005 and 1933 of 2005 as common questions are involved.
2. The grievance being made out in all these writ petitions is that notwithstanding the judgment passed by this Court on 27-1-2003 in Writ Petition No.1996 of 2003, the respondents are levying, demanding and collecting the advertisement fee without complying with the provisions of the Punjab Local Government Ordinance, 2001. The plea being taken by the learned counsel for the respondents, is that an appeal is pending against the said judgment in the Honourable Supreme Court of Pakistan and further that the fee is being imposed and collected in accordance with law.
3. The ratio of the said judgment being relied upon by the learned counsel for the petitioners is that in terms of section 54(1)(g) of the Punjab Local Government Ordinance, 2001, the respondents-TMAs are required to regulate affixing of signboards and advertisements by framing bye-laws under section 192 of the said Ordinance read with Part-II Item No.39 of the 5th Schedule thereto. It was further found that this has not been done and because of the said omission, the fee in question cannot be levied and collected.
4. The learned counsel for the respondents/TMAs were called upon to demonstrate that the said bye-laws have been framed, they are unable to do so.
5. This being so, all these writ petitions are disposed of with the direction that the respondents shall remain restrained from imposing or collecting the advertisement fee in question from the writ petitioners otherwise than in accordance with the said dictum and the said provisions of the statute and, of course, subject to the decision of the Honourable Supreme Court of Pakistan in the appeal stated to have been filed by the respondents. The impugned demand notices are accordingly declared to be without lawful authority and quashed. No orders as to costs. H.B.T./A-198/L Order accordingly.