M/S. HABIBULLAH MINES Ltd. And Others vs MUNICIPAL CORPORATION
This matter concerns a petition filed by M/S. Habibullah Mines Ltd. and others against the Municipal Corporation, Quetta, seeking relief regarding the establishment of warehouses for the temporary retention of goods. During the proceedings, the petitioners' counsel requested permission to withdraw the petition, expressing an intention to approach the Municipal Corporation directly by filing a formal application under the regulatory framework provided in Chapter XII of the West Pakistan Municipal Committees Octroi Rules 1964. The petitioners further requested that the Court direct the Municipal Corporation to consider their application on its own merits. The Supreme Court of Pakistan granted the request to withdraw the petition. Regarding the request for a judicial observation, the Court held that it was unnecessary to issue specific directions, as it is expected that the Municipal Corporation, upon receiving a formal application under the relevant rules, will naturally process and decide the matter on its merits in accordance with the law. Consequently, the petition was dismissed as withdrawn.
- Is it necessary for the Supreme Court to issue specific directions to a municipal authority to decide an application on its merits when the law already mandates such a process?
- Can a petitioner withdraw a constitutional petition to pursue alternative remedies under specific municipal rules?
- Chapter XII, West Pakistan Municipal Committees Octroi Rules 1964
ORDER
1. ABDUL KADIR SHAIKH, J.--Learned counsel for the petitioners prays for grant of permission to withdraw this petition as petitioners would like to approach the Municipal Corporation, Quetta by means of proper application under the rules for setting up of warehouses for temporary retention of their goods according to the rules contained in Chapter XII of West Pakistan Municipal Committees Octroi Rules 1964. Learned counsel further prays that this Court may make an observation that the petitioners' requests should be considered on their own merits by the Municipal Corporation in accordance with the rules.
2. As regards the second prayer of the learned counsel, it is hardly necessary for this Court to make any observation, for, on application being made under the rules, we expect the Municipal Corporation to deal with the same on merits in accordance with law.
3. With these observations, the petition is dismissed as withdrawn.