| Case ID |
324c6039-b196-43f5-a72f-49d7268f409b |
| Body |
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| Case Number |
W.P. No. 13542 of 2005 |
| Decision Date |
May 17, 2006 |
| Hearing Date |
May 17, 2006 |
| Decision |
The Lahore High Court disposed of the petition filed under Article 199 of the Constitution regarding the creation of a new district from Sheikhupura District, specifically the allocation of Khanqah Dogran to the newly formed Nankana Sahib District. The court held that the decision to create new districts is a policy matter falling within the jurisdiction of the government, and the petitioner has the right to seek redress through representation to the Chief Minister. The court emphasized that the statutory functionary responsible for the notifications should consider the grievances raised objectively and in accordance with the law. The decision also reiterated the importance of public interest and the welfare of the local population in administrative decisions, and directed the concerned authority to address the petitioner's concerns within three months. |
| Summary |
In the case of Mian Mushtaq Hussain Dogar vs. Province of Punjab, the Lahore High Court addressed the implications of several notifications issued by the Government of Punjab concerning the creation of a new district, Nankana Sahib, from the existing Sheikhupura District. The petitioner, Mian Mushtaq Hussain Dogar, contested the inclusion of Khanqah Dogran in the new district, claiming it caused significant inconvenience to local residents. The court highlighted that the creation of districts is primarily a policy decision within the government's jurisdiction and that affected individuals can seek remedy through proper representation. The ruling underscored the importance of considering local sentiments and public convenience in administrative decisions. Ultimately, the court remitted the matter to the Board of Revenue for reconsideration, allowing the petitioner an opportunity for representation. This case underscores the balance between government policy-making and the rights of local populations, emphasizing that decisions should not be arbitrary or unfair, and should be subject to judicial review if necessary. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SAYED ZAHID HUSSAIN,
SYED HAMID ALI SHAH
|
| Lawyers |
Syed Zahid Hussain Bokhari,
Ch. Muhammad Hanif Khatana
|
| Petitioners |
Mian MUSHTAQ HUSSAIN DOGAR
|
| Respondents |
7 others,
PROVINCE OF PUNJAB through its Chief Secretary, Civil Secretariat, Lahore
|
| Citations |
2007 SLD 3071,
2007 PLJ 103
|
| Other Citations |
1999 CLC 430 (FB)
|
| Laws Involved |
Punjab Land Revenue Act, 1967,
Constitution of Pakistan, 1973
|
| Sections |
6(1),
199
|