| Citation(s) |
|---|
| 2014 SLG 1078 2014 SLD 1078 2014 MLD 47 |
Lahore High Court
Writ Petition No.184 of 2013, decision dated: 15-05-2013
IBAD-UR-REHMAN LODHI, J
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Writ Petition No.184 of 2013, decision dated: 15-05-2013
IBAD-UR-REHMAN LODHI, J
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QAISAR KHAN and 74 others
VS
GOVERNMENT OF PUNJAB and 4 others
Law:
Section:
(a) Punjab Local Government Ordinance (XIII of 2001)---S. 195, Sixth Sched. Cls. 49 & 53---Constitution of Pakistan, Art.199---Constitutional petition---New Cattle Market, establishment of---Petitioners being Commission Agents of Old Cattle Market claimed to have right to collect entry fee and commission from sellers and purchasers of cattle and claimed compensation from Municipal Administration for damage caused to their fixtures at Old Cattle Market---Validity---Local Government under law had exclusive power to establish or relocate any public market or public-slaughter house or any part thereof---Private markets could be established within area of Local Government after obtaining licence, but not otherwise---Association of some persons in establishment of a cattle market in public sector by investing amount in purchasing or taking property on lease or by providing allied facilities therein would not legally entitle such persons to claim such fee and commission from sellers or purchasers of cattle using such market---Practice of such association in past would not confer any right on such persons violating relevant law on the subject---Term "commission" for being alien to scheme of law provided for establishment of a cattle market could not be claimed even by a person licensed to establish a private market nor could any one pray for a decree of court in such regard---Petitioners for their claim regarding their investments in establishing new cattle market or providing facilities therein could approach competent court, which after recording of evidence could decide same---Relief asked for by petitioners being in negation of statutory provisions could not be granted---High Court dismissed constitutional petition in circumstances. (b) Constitution of Pakistan--- ----Art.199---Constitutional jurisdiction of High Court---Scope---Relief asked for, if be in negation of statutory provisions, could not be granted at any cost. Khalid Ashraf Khan and Mehmood Ashraf Khan for Petitioners. Ch. Sagheer Ahmad, Abdul Salam Alvi, Haji Malik Muhammad Aslam and Aziz-ur-Rehman Khan, A.A.-G. for Respondents. JUDGMENT IBAD-UR-REHMAN LODHI, J.---With the concurrence of the…
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