ABDUR REHMAN vs SECRETARY LOCAL GOVERNMENT art — 2025 CLC 1503 PESHAWAR-HIGH-COURT

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

ABDUR REHMAN VS SECRETARY LOCAL GOVERNMENT art. 199---Constitutional petition---Execution of an agreement and issuance of NOC for establishing a Vehicle Weighing Station on road---authority competent to execute such an agreement---Determination---Petitioner sought direction to the Tehsil Municipal administration (TMa) not to interfere in the business and functioning of such weighing station---Validity---Road was under the domain of Pakhtunkhwa Highways authority as its construction, repair or maintenance was supposed to be conducted by the Provincial Government through Pakhtunkhwa Highways authority and the TMa had nothing to do with same, thus, weighing station, if required for checking overweight vehicles, was also supposed to have been established by the Pakhtunkhwa Highways authority itself or under authorization of the authority and if the road was being damaged due to overweight vehicles, this was not a cause of grievance for the petitioner or even of TMa---Pakhtunkhwa Highways authority had never granted permission for the establishment of weighing station to the petitioner and no tax could be imposed on such vehicles except by a forum expressly authorized by a law---So far as collection of fee was concerned, existence of quid pro quo for collection of such fee was sine qua non---No services were being extended by TMa for construction or maintenance of the road, thus, it had got no concern with weight of the vehicles---agreement executed by TMa and NOC granted by it were totally divested of any legal authority and same were declared to be without lawful authority, null and void---Petitioner had no claim against the respondents as he had been illegally extorting money from the people, thus, what had been done was treated as past and closed transaction and no action for recovery against petitioner or TMa on such score was taken---Respondents should be duty bound to protect the transporters and people of the locality from the burden of the unlawful levy---Past practice of collecting money from people on pickets and barricades or otherwise (even existing in the past)may not be allowed to be continued in future---Constitutional petition was dismissed, in circumstances.

ABDUR REHMAN vs SECRETARY LOCAL GOVERNMENT art — 2025 CLC 1503 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2025 CLC