Haji NIAZ MUHAMMAD vs MUNICIPAL COMMITTEE, PESHAWAR — 1964 PLD 1061

Citation: 1964 PLD 1061

Court: Peshawar High Court

Year: 1971

Decision Date: 1971-05-05

Parties: Haji NIAZ MUHAMMAD vs MUNICIPAL COMMITTEE, PESHAWAR

Headnotes

Case cited as PLD 1964 SC 1061

Judgment Text

Court Name: Peshawar High Court Judge(s): Shah Zaman Babar Title: Haji NIAZ MUHAMMAD vs MUNICIPAL COMMITTEE, PESHAWAR Case No.: Regular Second Appeal No, 112 of 1971 Date of Judgment:1971-05-05 Reported As: PLD 1971 Peshawar 116 Result: Appeal dismissed Judgment ORDER Record perused. 2. The undisputed facts between the parties are that Municipal Committee, Peshawar, is the owner of a plot situated outside Lahori Gate, Peshawar City. On this plot the Municipal Committee, Peshawar, permitted Haji Niaz Muhammad to carry on the business of fuel. For the same purpose the Municipal Committee, Peshawar had issued a license to Haji Niaz Muhammad. The license was renewable annually. The licensee pays a monthly tax of Rs, 24 for carrying his business on the plot in dispute. One of such licenses, in original, is Exh. D. X/1 produced by Haji Niaz Muhammad at the trial. On 27-12-69 the Taxation Officer, Municipal Committee, Peshawar, issued a notice Exh. D. X. to Haji Niaz Muhammad that his Tehbazari pass is cancelled and that he should vacate the suit plot within seven days. Later on, 27-2-70, Haji Niaz Muhammad gave an application Exh. D. X/2 to the Chief Officer, Municipal Committee, Peshawar, requesting that his Tehbazari pass be continued. In the meantime Haji Niaz Muhammad had also instituted the present suit against Municipal Committee, Peshawar, through the Chief Officer for the issuance of a permanent injunction against the defendant to the effect that the defendant be…

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