2006 PLD 329 LAHORE-HIGH-COURT-LAHORE

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IRFAN AHMAD KHAN VS FEDERATION OF PAKISTAN Constitution of Pakistan 1973--199 , Constitution of Pakistan 1973--4 , West Pakistan Government Lands and Buildings (Recovery of Possession) Ordinance 1966--5 , ----S. 5---Constitution of Pakistan (1973), Arts.4 & 199---Constitutional petition---Right of individuals to be dealt with in accordance with law---Petitioners, claiming to be the occupants of shops on the basis of purported tenancy agreements in their favour by the Authorities were aggrieved of the sealing of the said shops by and at the instance of Authorities and filed constitutional petition for a direction from the High Court to de-seal the said shops---Contention of the petitioners was that there was no law authorizing the sealing of the shops in the manner the same had been done by the Authorities, who could at the most invoke the provisions of S.5 of West Pakistan Government Lands and Buildings (Recovery of Possession) Ordinance, 1966, which provided that for the eviction of unauthorized occupants an order in writing was to be made directing such person to vacate the land/building within the specified period failing which the process for recovery of possession envisaged by S.5(2) of the Ordinance was invocable---Such procedure however, was not adopted by the Authorities---Authorities did not seem to be conscious of the same---Held, to enjoy the protection of law and to be treated in accordance with law was the inalienable right of every citizen as was enshrined in Art.4 of the Constitution---Occupation of the petitioners of the shops was admitted, thus any action depriving them of the use or occupation thereof must have the backing of contemporaneous law otherwise action would be wholly unwarranted by law and indeed violative of the provisions of Art.4 of the Constitution---Sealing of shops by and at the instance of the Authorities was wholly unwarranted which could not be countenanced---High Court declared the action of sealing of the shops as illegal and without lawful authority and Authorities were directed to de-seal the shops forthwith---High Court observed that order of the Court would not impede or deter the Authorities from proceedings in the matter in accordance with law.