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30.5.2011 Mr. Muhammad Shahzad Shaukat, Advocate for the ...

30.5.2011 Mr. Muhammad Shahzad Shaukat, Advocate for the ...

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W.P. No.11608/2011 2<br />

collect Government Revenue from said parking<br />

point but next day, Khawaja Khalid Pervaiz and<br />

o<strong>the</strong>r unknown armed persons again occupied<br />

<strong>the</strong> said State Land/plot and threatened <strong>the</strong><br />

official of City District Government, Lahore of dire<br />

consequences in case he came back at <strong>the</strong> spot.<br />

He has fur<strong>the</strong>r added that many attempts were<br />

made by <strong>the</strong> City District Government Lahore<br />

during last two months to take over <strong>the</strong> said State<br />

Land but Khawaja Khalid Pervaiz threatened that<br />

he will not handover <strong>the</strong> site at any cost. Thus, he<br />

is <strong>for</strong>cibly continuing his possession over<br />

Government Land and is illegally collecting<br />

Government Tax from general public. He is not<br />

willing to abide by <strong>the</strong> law of <strong>the</strong> land and is<br />

posing threats to public safety and order.”<br />

2. The a<strong>for</strong>ementioned order has been assailed<br />

be<strong>for</strong>e this Court through this constitutional petition mainly on<br />

<strong>the</strong> grounds that <strong>the</strong> impugned order has been rendered in<br />

complete oblivion of <strong>the</strong> facts and circumstances of <strong>the</strong> case,<br />

<strong>the</strong> same is manifestly illegal, incompetent, without lawful<br />

authority and has been passed with malafide to serve <strong>the</strong><br />

ends of somebody else to deprive lawful owner i.e respondent<br />

No.4 of his property; fa<strong>the</strong>r of <strong>the</strong> petitioner is in possession of<br />

<strong>the</strong> said plot as tenant of <strong>the</strong> original and lawful owner; <strong>the</strong><br />

registration of <strong>the</strong> criminal case against him is hardly a ground<br />

to order his arrest and detention under <strong>the</strong> Maintenance of<br />

Punjab Public Order Ordinance, 1960; <strong>the</strong> petitioner is not<br />

allowed to see his fa<strong>the</strong>r; ex-facie <strong>the</strong>re is no material with

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