Law: Punjab Local Government Act, 2013

Section: 27(2)(1)

Punjab Local Government Act (XVIII of 2013)--- ----S. 27(2)(f)--- Petitioners under constitutional jurisdiction challenged a notification issued by the Administrator Municipal Corporation whereby the orders for holding of weekly sasta bazar in different areas were withdrawn---Plea of Administrator was that majority of licenses obtained by the petitioners were illegally granted by the Chairman/Vice-Chairman of defunct union council in violation of S.27(2)(f) of the Punjab Local Government Act, 2013; that a number of petitioners were not the owners of land on which the weekly sasta bazar was being held and that in some cases the petitioners were operating the bazars outside the area mentioned in the licenses thereby causing traffic hazards and congestion on the road and that inquiries against the petitioners were pending adjudication---Validity---Inquiry proceedings had not been concluded and the allegations had not been proved so far---Administrator, Municipal Corporation had no lawful right under the law to suspend the operation of sasta bazars---Penal action against the petitioners could only follow if the allegations against them were proved---High Court observed that till such time the pending inquiries culminated into a binding conclusion against the petitioners holding them to be in violation of the terms of the license or the relevant by-laws, the Administrator could not have issued the impugned notification---Constitutional petitions were allowed and the notification was set aside being issued without lawful authority and of no legal effect. ORDER SHAMS MEHMOOD MIRZA, JUSTICE:---.--- This order shall dispose of the present writ petition as well as the Writ Petitions Nos. 46211. of 2019, 107821 of 2017, 44915 of 2019, 50273 of 2019, 51543 of 2019, 52835 of 2019, 57274 of 2019, 59688 of 2019, 38173 of 2019, 38958 of 2019, 41659 of 2019, 41749 of 2019, 41862 of 2019 and 44466 of 2019. 2. The petitioners in all the writ petitions have made a challenge to Notification dated 25.05.2019 issued by. the Administrator Municipal Corporation, Faisalabad (the Administrator) whereby the orders for the holding of weekly 'sasta bazar' in different areas were withdrawn.…

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