| Case ID |
03d6374e-93b4-4cf6-8d61-61be1e587b74 |
| Body |
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| Case Number |
Civil Petitions Nos. 172 and 173 of 1992 |
| Decision Date |
Mar 19, 1992 |
| Hearing Date |
|
| Decision |
The Supreme Court refused to grant leave to appeal, affirming the High Court's decision that the constitutional petition could not be entertained due to the availability of adequate alternative remedies provided by the law. The petitioners' arguments were found insufficient to demonstrate that the provisions of the Punjab Local Government Ordinance were not applicable, and the High Court's determination that the issues raised were better suited for resolution within the administrative framework was upheld. |
| Summary |
In the case of Civil Petitions Nos. 172 and 173 of 1992, the Supreme Court of Pakistan addressed the refusal of the High Court to entertain constitutional writ petitions based on the grounds of adequate alternative remedies as stipulated in the Punjab Local Government Ordinance, 1979. The Court emphasized the importance of exhausting all available remedies before seeking judicial intervention. The petitioners contended that the law did not provide a remedy concerning an impugned tax levy, while the respondents argued that sufficient alternative remedies existed. The Supreme Court ultimately upheld the High Court's ruling, indicating that matters involving disputed facts are best resolved within the relevant administrative forums. This case illustrates the judicial approach towards alternative remedies and the principle of judicial restraint in matters where administrative solutions are viable. Keywords such as 'constitutional petition', 'Punjab Local Government Ordinance', 'alternative remedies', and 'judicial intervention' are central to understanding the legal framework and implications of this ruling. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH, C.J.,
WALI MUHAMMAD KHAN, J
|
| Lawyers |
Bashir Ahmad Ansari, Advocate Supreme Court,
Imtiaz Muhammad Khan, Advocate-on-Record for Petitioners,
Kh. M. Yousaf Saraf, Advocate Supreme Court,
Ejaz Muhammad Khan, Advocate-on-Record for Respondents
|
| Petitioners |
Raja MUHAMMAD RAMZAN,
21 OTHERS
|
| Respondents |
another,
P.I.A.C.,
UNION COUNCIL, BAJNIAL
|
| Citations |
1994 SLD 208,
1994 SCMR 1484
|
| Other Citations |
Messrs Punjab Feeds Ltd. v. Abdul Ghafoor 1990 SCMR 439 (2)
|
| Laws Involved |
Punjab Local Government Ordinance (VI of 1979),
Constitution of Pakistan, 1973
|
| Sections |
166,
139,
156,
173,
185(3),
199
|