| Case ID |
d69db27c-50bf-4753-9400-f0af4fff793b |
| Body |
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| Case Number |
Civil Petition No. 2841 of 2018 |
| Decision Date |
Apr 25, 2019 |
| Hearing Date |
Apr 25, 2019 |
| Decision |
The Supreme Court ruled that the allotment of the railway quarter to the respondent was not in accordance with the Pakistan Railways Code. The court found that the necessary consultations and approvals were not documented, which rendered the allotment a nullity in the eyes of the law. The petitioners' argument regarding the termination of the agreement was upheld, leading to the reversal of previous court decisions in favor of the respondent. The court emphasized that proper procedures must be followed for the legal allotment of public resources. |
| Summary |
In this landmark case before the Supreme Court of Pakistan, the main issue revolved around the legality of the allotment of a railway quarter to Abdul Sattar, a bailiff of the High Court. The court scrutinized the Pakistan Railways Code, particularly Item No. 1961, which stipulates the conditions under which railway quarters can be rented to outsiders. The court found that the necessary conditions for such an allotment were not fulfilled, as there was no evidence of consultation with the Financial Advisor or the General Manager regarding the allotment. The court underscored the importance of adhering to legal frameworks governing public property, emphasizing that mere requests for allotment without following due process cannot lead to legitimate claims. This case highlights the critical nature of compliance with legal protocols in administrative decisions, particularly in public service sectors. Keywords such as 'Pakistan Railways', 'legal allotment', 'Supreme Court decisions', and 'property law' are pivotal in understanding the implications of this ruling. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
GULZAR AHMED,
JUSTICE QAZI FAEZ ISA,
JUSTICE MAQBOOL BAQAR
|
| Lawyers |
M.D. Shahzad Feroz, Advocate Supreme Court for Petitioners,
Syed Rifaqat Hussain Shah, Advocate-on-Record for Respondent
|
| Petitioners |
DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, QUETTA AND ANOTHERS
|
| Respondents |
ABDUL SATTAR
|
| Citations |
2020 SLD 965,
2020 SCMR 1001
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Railways Code for the Engineering Department
|
| Sections |
1961
|