Haji MOHAMMAD IBRAHIM vs THE DEPUTY COMMISSIONER, THARPARKARAND — 1971 SCMR 63

Citation: 1971 SCMR 63

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-08-21

Parties: Haji MOHAMMAD IBRAHIM vs THE DEPUTY COMMISSIONER, THARPARKARAND EX OFFICIO CONTROLLING AUTHORITY, AND EX OFFICIO CONTROLLING AUTHORITY, TOWN COMMITTEE, JAMSABAD AT MIRPURKHAS

Headnotes

Case cited as 1971 SCMR 63

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title:Haji MOHAMMAD IBRAHIM vs THE DEPUTY COMMISSIONER, THARPARKARAND EX OFFICIO CONTROLLING AUTHORITY, AND EX OFFICIO CONTROLLING AUTHORITY, TOWN COMMITTEE, JAMSABAD AT MIRPURKHAS Case No.: Civil Petition for Special Leave to Appeal No. K-56 of 1970 Date of Judgment:1970-08-21 Reported As: 1971 SCMR 63 Result: Petition dismissed Judgment ORDER MUHAMMAD YAQUB ALI, J.-The bid given by the petitioner for leasing out octroi duty of Municipal Committee, Jamesabad, was under the rules subject to the approval of the Controlling Authority. He withheld the approval on the ground that no other person bad participated in the auction. It could not, therefore, be said that the petitioner had given the highest bid. Aggrieved by the order of the Controlling Authority, the petitioner moved the High Court in writ jurisdiction on grounds none of which was tenable in law. The petition was, at first, allowed by an oral pronouncement, but on their attention being drawn to the relevant rules, the learned Judges with notice to the parties changed their decision and dismissed the writ petition. In support of the petition for leave to appeal, it is urged : (i) that the High Court having announced the order allowing the writ petition could not review the order suo motu and (ii) that the order passed by the Controlling Authority was without lawful authority. There is little merit in either ground. It is well…

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