Pakistan Case Law
2002 SCMR 293

Messrs UNITED INDUSTRIES LTD. vs MARKET COMMITTEE, FAISALABAD

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Citation2002 SCMR 293
CourtSupreme Court of Pakistan
Case No.Civil Petition No,441-L of 2000 Writ Petition No,21231 of 1999
Date2001-07-17
Judge(s)Sh. Riaz Ahmed, Ch. Muhammad Arif and Qazi Muhammad Farooq
Authored bySh. Riaz Ahmed
ResultCase remanded
Summary

This matter comes before the Supreme Court of Pakistan by way of a petition involving Messrs United Industries Ltd. and the Market Committee, Faisalabad. The core legal question concerns the appropriate forum and procedure for the initial adjudication of a controversy between the parties. The Court held that it is appropriate for the dispute to be resolved in the first instance by the Administrator, Market Committee, allowing the petitioner to pursue further remedies thereafter under the relevant law. The Court laid down the principle that primary administrative forums must first decide controversies before higher judicial remedies are invoked, directing the Administrator to decide the matter within two months after considering all factual and legal aspects.

Questions settled in this judgment
  • Should the controversy between the parties be decided in the first instance by the Administrator, Market Committee?
  • Can a petitioner avail further remedies under the relevant provisions of law after the decision of the Administrator?
administrative remedymarket committeeinitial adjudicationconstitutional petitionSupreme Court of Pakistan

ORDER

1. SH. RIAZ AHMED, J.---After hearing the learned counsel for the parties we are of the opinion that it would be appropriate if in the first instance the controversy between the parties is decided by the Administrator, Market Committee and then further remedy can be availed, if so advised, by the petitioner under the relevant provisions of law. We, therefore, direct that the matter shall be decided by the Administrator within two months after taking into consideration all legal as well the factual aspects of the case, With these observations the petition stands disposed of.

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