NISHAT HOTELS AND PROPERTIES LTD. vs PROVINCE OF PUNJAB through Secretary Ministry of Finance, Government of Punjab S — 2024 PTD 837 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 PTD 837 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: PTD
Parties: NISHAT HOTELS AND PROPERTIES LTD. vs PROVINCE OF PUNJAB through Secretary Ministry of Finance, Government of Punjab S
Subject matter: Criminal
Provisions referred to: S. 52---P; S. 3---S; Punjab Revenue Authority Act (XLIII of 2012); Punjab Revenue Authority 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

NISHAT HOTELS AND PROPERTIES LTD. VS PROVINCE OF PUNJAB through Secretary Ministry of Finance, Government of Punjab S. 52---Punjab Revenue Authority Act (XLIII of 2012), S.3---Show-cause notice---Jurisdiction---Petitioners assailed show cause notices issued to them by the Authority (constituted under the Punjab Revenue Authority Act, 2012)---Plea raised by petitioners was that without framing of rules, the Authority could not exercise its jurisdiction---Validity---If the Legislature intended the Authority to appoint officers by firstly enacting rules in such regard, then no officer could either be appointed nor could he exercise jurisdiction unless the Authority had acted under the rules which were formulated for the purpose---High Court declared act of the Authority ultra vires in conferring jurisdiction upon officers to issue show-cause notices in respect of cases and areas---High Court set aside show-cause notices as the same had been issued incompetently, without lawful authority and were of no legal effect---Constitutional petition was allowed, in circumstances.

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