2013 PLP 104 (MLD)
JAVAID IQBAL — Petitioner Versus PUNJAB TEXTBOOK BOARD and 4 others — Respondents
| Citation | 2013 PLP 104 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | JAVAID IQBAL — Petitioner Versus PUNJAB TEXTBOOK BOARD and 4 others — Respondents |
| Primary Law | Constitution of Pakistan |
Q1: What are the key laws and sections cited in 2013 PLP 104 (MLD)?
This judgment primarily cites: Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2013 PLP 104 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2013 PLP 104 (MLD) (JAVAID IQBAL — Petitioner Versus PUNJAB TEXTBOOK BOARD and 4 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Dr. Muhammad Akram Saleemi for Petitioner.
- Agha Abul Hassan Arif for Respondents.
- Qazi Misbah-ul-Hassan for Respondent No.5.
- 3. Conversely, the learned counsel for respondent No.5 has opposed the instant petition by contending that the petitioner was granted print order only for academic session 2011-2012 and respondent No.5/ Messrs Carvan Book House, Lahore has been lawfully granted print order for the academic session 2012-2013 by the competent authority and grant of stay at this stage would amount to granting the main relief as prayed for in the main writ petition.
Headnotes / Summary
Art.199
Civil Procedure Code (V of 1908), S.151
Constitutional petition
Principle
Petitioner sought restraining of authorities from issuing printing order to respondent in respect of a book for academic year 2012-2013
In absence of any lawful ground, authorities could not be restrained from issuing printing order in favour of respondent
Issuance of any stay order regarding printing of the book by respondent would amount to granting main relief to the petitioner
As the academic year, 2012-2013 would start from 1st of March, 2012, restraining the respondent from printing approved book in question would be against public interest
High Court declined to grant any restraining order in favour of petitioner against printing of book in question
Application was dismissed in circumstances.
Judgment & Decree
SH. AHMAD FAROOQ, J.
Through the instant civil miscellaneous petition, the petitioner has prayed for restraining the respondents from issuing printing order in favour of respondent No.5 in respect of book of Chemistry for Class-IX (Urdu and English edition) till the final disposal of the main writ petition.
2. The learned counsel for the petitioner contended that during the academic session 2011-2012 the petitioner was granted print order of textbook of Chemistry for class IX, both in English and Urdu version, and out of the printed books at present 65000 books are still available in the stock. He further contended that the petitioner has also paid royalties regarding those books to the Punjab Text Book Board. He submitted that if prior to the consumption of the aforesaid stock of 65000 the respondents are not restrained from issuing print order to respondent No.5, the petitioner is bound to suffer an irreparable loss and injury.
3. Conversely, the learned counsel for respondent No.5 has opposed the instant petition by contending that the petitioner was granted print order only for academic session 2011-2012 and respondent No.5/ Messrs Carvan Book House, Lahore has been lawfully granted print order for the academic session 2012-2013 by the competent authority and grant of stay at this stage would amount to granting the main relief as prayed for in the main writ petition.
4. Arguments heard. Record perused.
5. As per the minutes of the meeting of the 2nd Provincial Committee, held on 17-6-2011, the book of Chemistry for Class-IX developed by respondent No.5 has been recommended by the committee for printing for academic session 2012-2013. Vide letter dated 12-9-2011, recommendations of the Committee have been approved by the Punjab Textbook Board, Lahore. The learned counsel for the petitioner has failed to bring on record any document/agreement to show that the respondents are bound to wait for exhaust of full stock of the books printed by the petitioner during the academic session 2011-2012. In absence of any lawful ground, the respondents cannot be restrained from issuing printing order in favour of respondent No.5. Even otherwise, issuance of any stay order regarding printing of the book by respondent No.5 would obviously amount to granting main relief to the present petitioner. Furthermore, as the academic year 2012-2013 will start from 1st of March, 2012 restraining respondent No.5 from printing the approved book of Chemistry for Class-1X would be against public interest. In these circumstances, I do not find any merit in the instant civil miscellaneous petition, which is accordingly, dismissed. MH/J-3/L Petition dismissed.