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Writ Petition No.1190 of 1981, decided on 20th June, 1984.
--S.32--Provisional Constitution Order (1 of 1981), Art.9--Order of Collector challenged by-passing available departmental remedies--High Court directed party to appear before Member, Board of Revenue (Colonies) who in exercise of suo motu powers would look into gamut of case and proceed in accordance with law--Persons who are framers of policy and charged with duty of administration of law, held, were in a position to answer contentions question involved in constitutional petition.
Mian Saeedur Rehman Farrakh with Ch. Muhammad Ashraf Wahla for Petitioner.
Tanvir Ahmad Khan, Asstt. A.-G. with Mahmood-ul-Hassan, Deputy Secretary (Colony), Board of Revenue for Respondent No. 1.
Hakam Qureshi for Respondents Nos. 2 and 3.
Date of hearing: 20th June, 1984.
Mr. Tanvir Ahmad Khan the learned Assistant Advocate-General is present with Mr. Mahmood-ul-Hassan, Deputy Secretary, Board of Revenue to state the case be sent back to the learned Member Board of Revenue (Colonies) for disposal in accordance with law and all the parties can appear before him.
2. I think this is a fair stance because the persons who are framers of the policy and charged with the duty of administration of law are in a position to answer the contentious questions involved in this writ petition and at least this Court prefers to know the departmental views.
3. The learned counsel appearing for all the parties have no objection to this course being adopted. Even otherwise, the petitioner has rushed to this Court directly against the order of Collector by-passing the departmental remedies available to him.
4. In view of the stance taken by the parties, the parties are directed to appear before the learned Member Board of Revenue (Colonies) who in exercise of suo motu powers will look into gamut of the case and proceed in accordance with law. The parties to appear before the learned Member Board of Revenue (Colonies) on 5-7-1984. In view of the hair stance taken by all the parties, there shall be no' order as to costs.
M.B.A. Case remanded.
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