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Citation Name: 2023 YLR 236 LAHORE-HIGH-COURT-LAHOREBookmark this Case GULL AKBAR KHAN vs PAKISTAN RAILWAYS art — 2023 YLR 236 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 YLR 236 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
YLR
Parties
Citation Name: 2023 YLR 236 LAHORE-HIGH-COURT-LAHOREBookmark this Case GULL AKBAR KHAN vs PAKISTAN RAILWAYS art
Subject matter
Criminal

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

Citation Name: 2023 YLR 236 LAHORE-HIGH-COURT-LAHOREBookmark this Case GULL AKBAR KHAN VS PAKISTAN RAILWAYS art. 199---Constitutional petition---Procurement by public authority---Scope---Divisional Superintendent, Pakistan Railways, published an advertisement for auction of dead and wind fallen trees--auction was conducted; the petitioner was declared as highest bidder and he deposited a certain sum---In the meanwhile, a dispute arose between the Pakistan Railways and the Forest Department regarding ownership of the trees, but the Divisional Superintendent, Pakistan Railways issued letter to the petitioner directing him to deposit the remaining bid amount within seven days with further warning that otherwise the amount already deposited would be forfeited, which remaining bid money was not deposited and during pendency of present petition, the Pakistan Railways re-auctioned in favour of private respondent, whereupon the petitioner filed second writ petition for protection of his rights---Validity---Pakistan Railways had to first resolve issues of ownership of trees with the Forest Department, then had to remove apprehensions of the petitioner and, thereafter, notice should have been issued to the petitioner requiring him to deposit the bid amount---Conduct of the Pakistan Railways was not sustainable in the eyes of law---Constitutional petition was disposed of and the matter was referred to the Divisional Superintendent, Pakistan Railways with direction to look into it, redress the grievance of the petitioner by resolving the issue regarding ownership of trees with the Forest Department. Citation Name: 2023 YLR 236 LAHORE-HIGH-COURT-LAHOREBookmark this Case GULL AKBAR KHAN VS PAKISTAN RAILWAYS art. 4---Rights of individuals to be dealt in accordance with law---Scope---article 4 of the Constitution clearly states that it is inalienable right of every citizen to be treated in accordance with law and no action detrimental to the reputation, life and liberty shall be taken except as per law---article 4 of the Constitution is an established practice that is deep rooted in the custom and usage of law and, therefore, it cannot be overlooked and disregarded by any Court. Citation Name: 2023 YLR 236 LAHORE-HIGH-COURT-LAHOREBookmark this Case GULL AKBAR KHAN VS PAKISTAN RAILWAYS art. 199---Constitutional petition---Maintainability---Procurement by public authority---Scope---any violation of law and unjust and partial practice of public functionaries which adversely affect the rights of the citizen for lawful participation of obtaining contracts through general tender would be unconstitutional and the jurisdiction under art. 199 of the Constitution can be invoked in such cases. Citation Name: 2023 YLR 236 LAHORE-HIGH-COURT-LAHOREBookmark this Case GULL AKBAR KHAN VS PAKISTAN RAILWAYS art.10-a---Right to fair trial---Scope---article 10-a of the Constitution provides right of fair trial and due process for determination of rights and obligations.

Other judgments reported in 2023 YLR

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