Law:

Section:

Case of the petitioner as set out in this Constitutional petition is that Zila Council, Jhang, auctioned the lease of Cattle Market, Adda Hujra. (Lalian) for a period of three years. Petitioner gave the highest bid of Rs.5,10,000 as an annual lease money. He was accordingly granted the lease of the Cattle Market for a period of three years with effect from 19-2-1991 in

consideration of Rs.5,10,000 per annum with 10% increase every year. One Bashir, a lessee of Bakar Mandi from Town Committee, Lalian, who was holding his Mandi on Tuesdays, filed W.P. No.5186 of 1991 in this Court praying that the prehunt petitioner bu duccied to hold hi:5 cattle market on a day other than Tuesday. On a miscellaneous application moved in the writ petition stay order was issued on 27-7-1991 directing the present petitioner (-who was respondent No.3 in that writ petition) not to hold the cattle market on Tuesdays. This direction remained operative until 14-10-1991 when Writ Petition No.5186 of 1991 was finally withdrawn. It is stated that by reason of the aforementioned stay order petitioner?s business was disrupted as he could not hold the cattle, market from 27-7-1W1 to 14-10-1991. Petitioner thus stopped paying instalments to the Zila Couucil its in his view, according to the terms of the contact, he was not supposed to make the payment of instalments during the period the cattle market remained suspended. Zila Council, in the meantime, got a notice published in a newspaper or 4-10-1991 for auctioning the cattle market in question on 13-10-1991. Petitioner brought a suit for permanent injunction in the Court of the Civil Judge, Chiniot, on 10-10-1991 for restraining the Zila Council from re-auctioning the cattle market. In that suit an interim order was passed by the Civil Court on 12-10-1991 restraining the Zila Council from re-auctioning the cattle market. Cattle market was thus not auctioned on 13-10-1991.