Law:

Section:

Basic Democracies Order (18 of 1959), Art. 74-Commissioner competent to quash proceedings if in his opinion anything done or intended to be done by Local Council is not in conformity with law or is in any way against public interest-Order of Council, if imple­mented, likely to cause immense loss to Council in heedless disregard of public funds-Commissioner, held, acted properly insetting aside resolution of Council. JUDGMENT SAJJAD AHMAD, J.-By a resolution dated the 20th of June 1968, the District Council, Jhang, on the expiry of the previous permission, granted a fresh permission to the petitioners to run a cattle market for five years in Chak No. 151. The consideration for the renewed permission was Rs. 10,000 to be paid by annual instalments spread over the contracted five years period. How­ ever, in 1969, Din Muhammad and Hakim Sikander offered to the Council to pay Rs. 60,000 for permission to run this cattle market during the same period, as stipulated with the petitioners, but the District Council turned down this request by resolution of the 6th of February 1969. Din Muhammad and Hakim Sikander challenged this resolution before the Commissioner, Sargodha Division, who, by his order dated the 10th of December 1969, set aside the resolution of the Council, holding it to be void and without any legal sanctity. He further directed that "the District Council, Jhang, should make arrangements for the land within three months themselves and till they make arrange­ments for the land, the present lessee may be allowed to continue in the existing terms". The petitioners challenged the order of the…

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