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Malik MEHBOOB vs COMMISSIONER, RAWALPINDI Ss — 2023 PLD 97 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 PLD 97 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
PLD
Parties
Malik MEHBOOB vs COMMISSIONER, RAWALPINDI Ss
Subject matter
Constitutional
Provisions referred to
S. 19; S. 15; Punjab Civil Administration Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Malik MEHBOOB VS COMMISSIONER, RAWALPINDI Ss. 15 & 19---Constitution of Pakistan, Art. 199---Constitutional petition---Revenue record, correction of---Powers of Deputy Commissioner---Scope---Petitioner filed application under S. 19 of Punjab Civil Administration Act, 2017 for conducting an inquiry regarding maladministration of Sub-Registrar/Revenue Functionary regarding irregularities in revenue record---Validity---Deputy Commissioner under S. 15 of Punjab Civil Administration Act, 2017 on his own or on the request of head of local government or head of district police could convene a meeting for purposes of maintaining public order and public safety and safeguarding public or private properties in the district---Provision of Ss. 15 & 19 of Punjab Civil Administration Act, 2017 were intertwined---Provision of S. 15 of Punjab Civil Administration Act, 2017 only dealt with safeguarding public or private properties and not declaration of title of any property---Intent of Legislature as depicted from Preamble of Punjab Civil Administration Act, 2017 was only to empower Deputy Commissioner to institute a comprehensive system of civil administration in Punjab for (i) efficient administration; (ii) improved service delivery; (iii) better coordination; (iv) supervision; and (v) regulatory enforcement---Provision of S. 15(2) of Punjab Civil Administration Act, 2017 could not be applied separately without fulfilling requirement of S.15 (1) of Punjab Civil Administration Act, 2017---Deputy Commissioner had no powers to go beyond his functions and was bound to fulfill requirements of Punjab Civil Administration Act, 2017---High Court declined to interfere in the matter as there was no illegality or irregularity in order in question---Constitutional petition was dismissed, in circumstances. Preamble---Scope---Statute in general and subsection of a section are to be read together with the Preamble to understand true purpose and meaning of a particular provision.

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