AFZAL KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA, through Secretary, LCB, Civil Secretariat, Peshawar art

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AFZAL KHAN VS GOVERNMENT OF KHYBER PAKHTUNKHWA, through Secretary, LCB, Civil Secretariat, Peshawar art. 199---Constitutional petition---Good governance---administration of justice---Public functionaries---Duty---Public transport terminals/ stands/adda---Petitioner sought direction to respondents for removal of unauthorized public transport terminals/stands/adda located at different locations in the city---Validity---administration with implementation of government policy is backbone of government---One of the important reasons is practical concern that government today has to work towards public interest---First and foremost object of public administration is to effectively deliver public services---District and sub-divisional administration have a special status in implementing policies of government---Law requires district administration to be organized and effectively operate for increasing productivity quickly---Such aspects have given birth to new subdiscipline of development administration---When authorities could not maintain elimination/closure of illegal stands/adda, which on one hand was their duty, requirement of law and on the other hand was right of citizens---Law had provided a mechanism for bus terminals/stands and for its smooth implementation regional transport authority was to play an effective role---any failure in implementation of law amounted to negligence/mal-administration on their part which could raise question---Public functionaries were expected to perform their duties well within the prescribed limits of law of land---When a thing was required to be done in a particular manner, it must be made in that manner and not otherwise---Duties of respondents/functionaries of government were to act in accordance with law by not allowing anyone to do as per his desire and wish---To maintain law and order situation and to implement policies of government was the duty of authorities---High Court directed the authorities to close all illegal stands/terminals/adda in the entire district---Constitutional petition was disposed of accordingly. Head Notes

AFZAL KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA, through Secretary, LCB, Civil Secretariat, Peshawar art — 2022 PLD 229 PESHAWAR-HIGH-COURT

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