| Case ID |
03f01ab5-8ab4-43cc-bab1-9e0cdabde141 |
| Body |
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| Case Number |
C.P. No.D-100 of 2005 |
| Decision Date |
Apr 27, 2005 |
| Hearing Date |
Apr 27, 2005 |
| Decision |
The Sindh High Court allowed the constitutional petition filed by Ahmed Hassan, directing the Excise and Taxation Department to issue a personalized registration mark for his vehicle, subject to the completion of formalities. The court found that the Department had wrongfully demanded an excessive fee of Rs.2,00,000, far exceeding the official fee of Rs.20,000 specified in the relevant notification. The court ruled that the petitioner's application for the personalized mark, submitted on December 1, 2004, was valid and should not be affected by a subsequent notification issued on March 22, 2005, which abolished the scheme for personalized registration marks. The court emphasized that the Department could not benefit from its own wrong as the petitioner's case was already pending, and therefore, the petitioner was entitled to the relief claimed. |
| Summary |
In the case of Ahmed Hassan vs. Excise and Taxation Officer, the Sindh High Court addressed the issue of personalized vehicle registration marks. The petitioner, Ahmed Hassan, submitted an application for a personalized registration mark for his car on December 1, 2004. However, the Excise and Taxation Department unlawfully demanded Rs.2,00,000 for the registration, despite the official fee being only Rs.20,000 as per Government Notification No.S.O.(T-II)/8-45/85/1066 dated July 13, 1994. After receiving no response from the Department despite serving a legal notice, Hassan filed a constitutional petition on February 7, 2005. The court found that the Department's actions were illegal and the excessive fee demand was unjustified. It ruled that the subsequent notification abolishing the personalized registration scheme had no retrospective effect and thus did not invalidate the petitioner's right to receive the registration mark. The court ordered the Department to issue the personalized mark upon payment of the correct fee, highlighting the importance of adherence to legal procedures and the rights of citizens in obtaining government services. This case underscores the need for transparency and fairness in administrative actions, particularly concerning public services such as vehicle registration. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ANWAR ZAHEER JAMALI,
SYED ZAWWAR HUSSAIN JAFFERY
|
| Lawyers |
Z.U. Mujahid,
Aimed Pirzada,
Kanwar Muhammad Hanif
|
| Petitioners |
AHMED HASSAN
|
| Respondents |
EXCISE AND TAXATION OFFICER
|
| Citations |
2005 SLD 1393,
2005 CLC 1645
|
| Other Citations |
Not available
|
| Laws Involved |
Provincial Motor Vehicles Ordinance,
Constitution of Pakistan (1973)
|
| Sections |
25,
199
|