1999 PLP 724 (YLR)
Ch. AHMAD DIN‑‑‑Petitioner Versus ADMINISTRATOR, MUNICIPAL COMMITTEE, ARIFWALA and others‑‑‑Respondents
| Citation | 1999 PLP 724 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Sh. Abdur Razzaq, J |
| Parties | Ch. AHMAD DIN‑‑‑Petitioner Versus ADMINISTRATOR, MUNICIPAL COMMITTEE, ARIFWALA and others‑‑‑Respondents |
Q1: What are the key laws and sections cited in 1999 PLP 724 (YLR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 724 (YLR)?
The case was heard and decided by the Lahore bench comprising: Sh. Abdur Razzaq, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 724 (YLR) (Ch. AHMAD DIN‑‑‑Petitioner Versus ADMINISTRATOR, MUNICIPAL COMMITTEE, ARIFWALA and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Bashir Ahmad Chaudhry for Petitioner.
Headnotes / Summary
Constitution of Pakistan (1973)‑‑‑ ‑‑‑‑Art. 199‑‑‑Constitutional petition Contractual obligation‑‑‑Respondent authority admitted allotment of shop to the petitioner and receipt of consideration amount and further admitted that due to weak financial position the shop was not constructed and possession was therefore not handed over to the petitioner‑‑‑Effect‑‑‑High Court in exercise of Constitutional jurisdiction passed an order for the completion of the shop in question and handing over its possession to the petitioner up to a specified date‑‑‑Petition was disposed of accordingly.
Judgment & Decree
Contends that the petitioner applied for Shop No. 2 near Truck Addah and Tube -Well Water supply Buldia opposite Ghalla Mandi Food Grain Arifwala which was allotted by Municipal Committee Arifwala for Rs.1,00,
000. He then deposited the said amount with the Municipal Committee on 26-5‑1996 vide receipt Annexure 'A'. He moved several applications to the respondents for the construction work of shop allotted to him. However, due to political pressure respondents have not started the construction work whereas others have been granted the possession of shops allotted to them. He further argued that Peer Muhammad Hussain and Nazir Ahmad filed Writ Petition No.2712 of 1995 and as a result of direction issued by this Court the respondents constructed their shops and handed over the same to them. He thus prayed that writ petition be accepted and respondents be directed to hand over a constructed shop to the petitioner.
2. Comments filed by the respondents have been perused.
3. A perusal of comments reveals that allotment of shop as well as receipt of payment thereof has been admitted. However, it is stated that construction of shop could not be taken in hand due to weak financial position of the Institution. It has been specifically admitted in the comments that as and when the financial position is improved, the construction of shops will be taken in hand and possession thereof shall be delivered to the respective allottees. In view of the comments, this writ petition is disposed of by passing the following order:‑‑ "The respondents are directed to hand over the possession of the constructed shop to the petitioner till 31‑10‑1999. If the extension of time is required that shall be sought by the respondents, otherwise the non compliance of this direction shall be viewed seriously and the respondents shall be liable to face the legal consequences." The petitioner may get a copy of this order subject to payment of usual charges, if desired, by him and may produce the same before the respondents for information and compliance Q.M.H./M.A.K./A‑95/L Order accordingly.