Law: Punjab Agricultural Produce Markets (General) Rules, 1979

Section: 76

Law: Civil Procedure Code (V of 1908)

Section: 10

Punjab Agriculture Produce Markets Rules, 1979--- ----R.76---Civil Procedure Code (V of 1908), O.VII, R.10--- Suit for declaration--- Return of plaint--- Civil Court, jurisdiction of--- Dispute was with regard to cancellation of licence to use PHATTA (platform), allotted to plaintiff / petitioner by Market Committee--- Trial Court as well as Lower Appellate Court returned the suit to plaintiff / petitioner for want of jurisdiction in the matter--- Validity--- Jurisdiction of Civil Court could not be deemed to be barred--- Civil Court retained jurisdiction to examine acts and orders of Market Committee with a view to satisfy if the same were in conformity with the statute under which it was passed, to see if the authority had acted in accordance with the provisions of statute or beyond its scope--- Provision under R.76 of Punjab Agriculture Market Committee Rules, 1979, providing a remedy of appeal did not apply to the situation or the order as agitated in the suit--- Civil Court was not debarred from taking cognizance and examine the matter as a court of plenary jurisdiction to determine if the orders under challenge were without jurisdiction or in accordance or inconformity with the statute and if the authority had not acted without lawful authority--- High Court remanded the matter to Civil Court as its jurisdiction was not barred and plaint could not have been returned to plaintiff / petitioner--- Revision was allowed, in circumstances. Hamid Hussain v. Government of West Pakistan and others 1974 SCMR 356 and Muhammad Tufail v. Abdul Ghafoor and others PLD 1958 SC (Pak) 201 ref. ORDER RASAAL HASAN SYED, J.- filed a suit claiming declaration to the effect that he was allottee, owner-in-possession of the phatta (platform); the respondent has no concern whatsoever with the same; the cancellation of Order No. 759/MCP/JP dated 16.1.2018, letter No. 834/MCP/JP dated 06.4.2018 were illegal, ineffective and void ab initio and that based on the same the respondent No. 1 shall be restrained from making interference in the possession of the petitioner. It is claimed that in compliance of the order of his Court vide letter No. 759/MCP/JP dated 16.1.2018 phatta was…

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