Sher Bahadur

BEFORE THE DISTRICT COORDINATION OFFICER, MULTAN.

M/s Sher Bahadur Export Tax Contractor, Zila Council, Multan. ……Petitioner VERSUS Zila Council, Multan, through D.O. Accounts. ……Respondent

Petition for the settlement of accounts & refund of security and remaining amount of installment for the month of August 1992 after deducting 15 days’ installment and salaries of staff, amounting to Rs. 15,72,648/-

The petitioner respectfully Sheweth as under: 1.

That for the year 1990-91, the petitioner acquired rights of collection of Export Tax from Zila Council, Multan, for consideration of Rs. 2,50,35,000/- and deposited the security amount of Rs. 250,685/- at the rate of 2%.

2. That the petitioner was authorised to collect the tax on taxable items as per schedule of Export Tax dated 24.4.1990. Thereafter, the Government and the Zila Council deleted many items from the schedule and forbade the petitioner from collecting on those

deleted items and in the same manner, the petitioners had to suffer heavy loss of more than one crore of rupees. 3. That the petitioner demanded rebate/remission from the respondent, for the aforesaid reasons/exemptions, but no action was taken on the petitioner’s request for the grant of rebate, therefore the petitioner had to knock the door of the Hon’ble High Court by filing writ petition No. 1608 of 1991. 4. That in the said writ petition, vide its order dated 16.9.91, the Hon’ble Justice stayed the auction schedule for the year 1991-92 and allowed the petitioner to continue the collection of taxes and deposit monthly installment as before with the Zila Council. 5. That, thereafter the Hon’ble Justice, vide his order dated 2.7.1991, enhanced the lease money at the rate of Rs. 350,000/- per annum and the petitioner paid the said amount regularly without fail. 6. That vide its order dated 15.7.92, the Hon’ble High Court referred the case to the worthy Secretary Local Government for decision through arbitration. 7. That the learned Secretary/Arbitrator vide its order dated 12.8.92, rejected the plea of rebate of the petitioner and vacated the stay orders. 8. That the petitioner challenged the above-said award by filing C.M. No. 2050/92 before the Hon’ble High Court and the Hon’ble Court suspended the operation of the order of the order of the learned Secretary dated 12.8.92. 9. That thereafter, the petitioner instituted the writ petition No. 7640/92. In this writ petitioner, the petitioner challenged the Arbitration Award and claimed two crore rupees as rebate from the Zila Council. 10.That the petitioner had not stopped the monthly installment and continued its payment without any delay. In the same manner,

the petitioner had paid the installment for the month of August, 1992 in advance to the respondent amounting to Rs. 28,84,000/-. 11.That the Zila Council filed an appeal before the Hon’ble Supreme Court of Pakistan and the Hon’ble Court vacated the stay orders, which the Hon’ble High Court had granted to the petitioners. On 15.8.92, the respondent took the possession of Tax from petitioner at the spot and started collection on their own behalf. 12.That on 31.3.2003, the writ petition came for hearing before the Hon’ble High Court. On the said date, the petitioner by foregoing his rebate claim amounting to Rs. 200,000/- withdrew his writ petition and requested that respondent be ordered to decide the claim of the petitioner for the refund of the security amount and the remaining amount of installment for the month of August, after deducting 15 day contract amount and the salaries of the staff. 13.That so far as security amount is concerned, the petitioner had paid an amount of Rs. 250,685/- to the respondent. As per rules, regulations, instructions and terms & conditions of the agreement, the respondent is bound to refund the security amount after settlement of accounts. 14.That by the orders of the Hon’ble High Court, the petitioner had paid the monthly installment of lease in advance to the respondent. In the same manner, he had paid an amount of Rs. 28,84,000/- in advance for the month of August, 1992 to the respondent and thereafter the respondent took over the charge on 15.8.1992 and started self collection and did not allow the petitioners to perform his duties any more. Now, the petitioner is entitled to get back the remaining amount of installments after deduction of 15 day dues and the salaries of the staff of Zila Council.

15.That, it is well-settled law that amount of installments for the period one has not been allowed to perform his duties must be refunded to him. Under these circumstances, it is humbly prayed that by accepting this petition, after settlement of account, the amount of security amounting to Rs. 250,685/- and the remaining amount from the monthly installment of month of August 1992 may very graciously be refunded to the petitioner. Humble Petitioner, Dated: ________ Through: Qasim Raza Khokhar, Advocate High Court, 96-District Courts, Multan.