| Case ID |
736b3387-c292-4922-ab73-0b78eac3d510 |
| Body |
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| Case Number |
Writ Petition No. 184 of 1981 |
| Decision Date |
Mar 24, 1981 |
| Hearing Date |
Jan 28, 1981 |
| Decision |
The Lahore High Court, under the judgment of Justice Ghulam Mujaddid Mirza, has declared the impugned order arbitrary and discriminatory. The District Magistrate's decision, made under section 33-A of the Police (Amendment) Act, 1956, was found to lack lawful authority and was set aside. The court held that the District Magistrate failed to consider both public safety and convenience when regulating the movement of private buses into Gujranwala City, leading to unjustified inconvenience and increased expenses for the petitioner. As a result, the petition was accepted with no order as to costs, reinforcing the principle that administrative actions must be fair, reasonable, and within legal bounds. |
| Summary |
In the landmark case of Writ Petition No. 184 of 1981, adjudicated by the Lahore High Court on March 24, 1981, Justice Ghulam Mujaddid Mirza scrutinized the actions of the District Magistrate of Gujranwala. The petitioner, Syed Latif Hussain Shah, challenged an order under section 33-A(m) of the Police (Amendment) Act, 1956, which restricted private bus movements into Gujranwala City. The court found that the District Magistrate’s decision was arbitrary, as it failed to appropriately balance public safety and convenience, leading to undue inconvenience and increased costs for the petitioner. The petitioner was not given an opportunity to be heard, rendering the order discriminatory as it targeted only private buses while exempting government transport and long vehicles. The court highlighted important precedents, including 'Montgomery Flour & General Mills Ltd. v. Director' and 'Messrs East & West Steamship Co. v. Pakistan,' emphasizing that administrative discretion must be exercised fairly and within legal frameworks. Ultimately, the Lahore High Court set aside the impugned order, underscoring the necessity for lawful authority and equitable administrative actions. This decision reinforces key principles of administrative law and protects citizens against arbitrary government actions, ensuring that regulations serving public safety and convenience are applied justly and reasonably. |
| Court |
Lahore High Court
|
| Entities Involved |
Pakistan,
Sikandar,
Lahore Improvement Trust,
Superintendent of Police,
District Magistrate, Gujranwala,
Montgomery Flour & General Mills Ltd.,
The Director, Food Purchases, West Pakistan and others,
Messrs East & West Steamship Co.,
West Pakistan Bus Stand and Traffic Control (Gujranwala) Ordinance, 1963,
Highway Patrol,
Regional Transport Authority,
Muhammad Hussain Munir
|
| Judges |
GHULAM MUJADDID MIRZA, J
|
| Lawyers |
M. D. Tahir,
Shahid Iqbal
|
| Petitioners |
Syed Latif Hussain Shah
|
| Respondents |
and another,
District Magistrate, Gujranwala
|
| Citations |
1981 SLD 1514,
1981 PLD 484
|
| Other Citations |
Montgomery Flour & General Mills Ltd. v. The Director, Food Purchases, West Pakistan and others P L D 1957 Lab. 914,
Messrs East & West Steamship Co. v. Pakistan P L D 1958 S C (Pak.) 41,
Lahore Improvement Trust -v. Custodian of Evacuee Property (PLD 1971 SC811),
Muhammad Hussain Munir and others v. Sikandar and others (PLD1974SC139)
|
| Laws Involved |
Police (Amendment) Act, V of 1956,
Civil Procedure Code, V of 1908
|
| Sections |
33-A(m),
O. VIII, r. 2
|