ABDUL GHAFOOR SHAH vs DEPUTY COMMISSIONER, FAISALABAD arts — 2023 YLR 1669 LAHORE-HIGH-COURT-LAHORE

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ABDUL GHAFOOR SHAH VS DEPUTY COMMISSIONER, FAISALABAD arts. 25 & 199---Constitutional petition---Discrimination---License, non-renewal of---Petitioner was aggrieved of refusal of authorities to renew his license for manufacturing, possessing and selling gunpowder and fireworks---Plea raised by petitioner was that he was discriminated as the licenses of others were renewed--- Validity--- Identical treatment in unequal circumstances amounts to inequality---Reasonable classification or sub-classification is not only permitted but is necessary if society has to progress---It must always rest upon some real and substantial distinction bearing a just and reasonable relation to the objects sought to be achieved by the authority---Persons may be classified or further sub-classified into entities and such entities may be treated differently if there is a reasonable basis for such difference---Class legislation under art. 25 of the Constitution is forbidden but it does not forbid classification of differentiation, which rests upon reasonable grounds of distinction---Classification must not be arbitrary, artificial or evasive but must be based on some real and substantial bearing, a just and reasonable relation to the object sought to be achieved by the legislation---Principle of equality does not mean that every law, policy matter, notification, administrative or executive order etc. must have universal application to all persons who by nature, attainment or circumstances are not in the same position---Petitioner was neither covered within the ambit of Explosives act, 1884, nor under the guidelines laid down by Supreme Court---High Court declined to interfere in the matter, as there was no illegality or infirmity in the order passed by authorities---Constitutional petition was dismissed in circumstances.

ABDUL GHAFOOR SHAH vs DEPUTY COMMISSIONER, FAISALABAD arts — 2023 YLR 1669 LAHORE-HIGH-COURT-LAHORE

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