M/s. PAK CHINA FERTILIZERs (Pvt) LTD. Through its Directors V e r s u s DISTRICT CO-ORDINATION OFFICER, HARIPUR
Judge Name: Zia-ud-Din Khattak and Ghulam Mohy-ud-Din Malik Judgment Result: Petition dismissed Other Law Journal References: —-art. 199–criminal procedure code, (v of 1898)–s. 144 (4 & 5)–constitutional petition–imposed ban on removal of machinery out of factory premises–assailed the validity of order promulgated by DCO–due to default in payment on account of electricity/Gas bills and dues of ex-labourers, management intended remove the machinery out of factory premises–validity–under section 144, Cr.P.C. Distt. coordination officer has powered and jurisdiction in an emergency to issue an order to prevent apprehended danger likely to disturb the public peace–if DCO had erroneously exercised jurisdiction, it would be case of merely an illegal order erroneously passed in exercise of jurisdiction and not a case of an order passed without jurisdiction and being voidable order, it is liable to be set aside at the instance of an aggrieved person in legal proceeding–factual controversy is involved and alternate, adequate and efficacious remedy is available to the petitioner under criminal procedure code, for redressal of their grievance, they could not question the validity of order u/s. 144, Cr.P.C. and art. 199 of the constitution–petition was not maintainable.
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