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MUHAMMAD ISHAQ versus RATIONING CONTROLLER


Article 199 Depot has been permanently absent from the Depot after the cancellation inquiry of the applicant Depot, the High Court cannot investigate the fact on the basis of the fact finding by the Department of Administration.

1983 C L C 3040

[Lahore]

Before Abaid Ullah Khan, J

MUHAMMAD ISHAQ‑Petitioner

versus

RATIONING CONTROLLER AND OTHERS‑Respondents

Writ Petition No. 517 of 1978, decided on 14th October, 1980.

Constitution of Pakistan (1973)‑‑

‑‑ Art. 199‑‑Depot, cancellation of Petitioner's depot cancelled after enquiry finding him constantly absent from depot Held, High Court cannot enter into a factual enquiry based on finding of fact arrived at by administrative department‑Petition dismissed

A. W. Butt for Petitioner.

ORDER

By the present writ petition Muhammad Ishaq, the petitioner, impugns the order of the Rationing Controller‑I, Lahore, respondent No. 1, dated the 27th ,October, 1977 cancelling his depot and' of the Deputy Director, Food, Lahore Region, Lahore, respondent No. 2, dated the 26th November, 1977 dismissing his appeal. The depot was cancelled on the ground that the petitioner was continuously absent from the depot and had not been running himself rather he had sublet it to one' Muhammad Akram,

2. Maqbool Ahmad Cheema, Rationing Inspector, has brought the record according to which enquiry was held by the administrative depart ment and the petitioner was found to be constantly absent from the depot. The learned counsel for the petitioner disputes the finding of fact arrived art by the administrative department. This Court in writ jurisdiction would not enter into a factual enquiry. The action having been based on the finding of fact arrived at by the administrative department as a result enquiry, no relief can be given to the petitioner in the extraordinary jurisdiction of this Court. The petition is consequently dismissed.

M. A. K. Petition dismissed.

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