Citation Name: 2024 YLR 2670 PESHAWAR-HIGH-COURTBookmark this Case Dawn Frozen Foods vs Government of Khyber Pakhtunkhwa through Chief Secretary, Peshawar S — 2024 YLR 2670 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 YLR 2670 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 2670 PESHAWAR-HIGH-COURTBookmark this Case Dawn Frozen Foods vs Government of Khyber Pakhtunkhwa through Chief Secretary, Peshawar S
Subject matter: Constitutional
Provisions referred to: S. 45---C

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: 2024 YLR 2670 PESHAWAR-HIGH-COURTBookmark this Case Dawn Frozen Foods VS Government of Khyber Pakhtunkhwa through Chief Secretary, Peshawar S. 45---Collection of advertisement fee/tax---Non-framing of by laws---Petitioner company was aggrieved of seizure of its vehicle displaying advertisement material, for recovers of advertisement fee/tax---Plea raised by petitioner company was that no such tax could be recovered as there were no bylaws framed for such recovery---Validity---By laws were to be framed by appropriate department but non-framing of such bylaws could not be deemed to have created inability on the part of authorities in collecting the fee---Mode and mechanism of collection of fee was not in accordance with law, rather it was an abuse of process of law---Authorization of specific officer by Local Government was not found available on record---Concerned authorities did not initiate any action for proceedings of any recovery from petitioner company in shape of recovery of dues as arrears of land revenue and had straight away jumped to seizing vehicles containing food stuff---Such actions were devoid of any legal character and the same amounted to abuse of process of law---High Court directed the authorities to immediately release vehicles of petitioner company, which had been seized by authorities or their agents---Constitutional petition was allowed accordingly.

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