Law:

Section:

The petitioners are dealing with the business of advertising having displayed their billboards at different places within the territorial limits of Tehsil and District Khushab. The respondents No.2 & 3 have issued a publication in daily newspaper inviting public to participate in the proceedings for the auction of various sites for billboards. The petitioners being aggrieved of the publication have thrown a challenge to the same by way of instant petition. 2. Learned counsel for the petitioners submitted that auction of the sites in question can only be done after framing of rules and bye-laws as per mandate of Sections 94, 118, 141 to 147 & 192 of The Punjab Local Government Ordinance, 2001. He added that no rules have been framed by the respondents thus they have no lawful authority to hold the auction in question. Learned counsel contended that most of the sites mentioned in the publication are not owned by the Tehsil Municipal Administration, so holding of auction is unwarranted. 3. On the other hand, learned counsel representing respondents No.2 & 3 vehemently resisted the instant petition. He submitted that the petitioners have already filed a suit with regard to the same cause of action which is pending before the court of competent jurisdiction. Learned counsel maintained that in presence of alternate remedy in the form of appeal, the instant petition is not competent. It is further contended by the learned counsel that auction has already taken place and the petitioners even did not participate in the said proceedings, so they have no locus standi to file the instant petition. In support of his contentions, learned counsel relied upon "MUHAMMAD ARSHAD versus SECRETARY, LOCAL GOVERNMENT AND RURAL DEVELOPMENT DEPARTMENT, LAHORE and 4 others" (2005 CLC 939) and "PERVAIZ IQBAL versus TEHSIL NAZIM and others" (2007 CLC 583). 4. I have heard learned counsel for the petitioners as well as learned counsel for the respondents and also perused the record. 5. After hearing the respective contentions of both the sides, I am of the considered view that there can be no second opinion that the Constitutional jurisdiction is discretionary relief which can…

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