| Citation(s) |
|---|
| 1980 SLG 3277 = 1980 SLD 3277 = 1980 CLC 1827 |
Lahore High Court
Letters Patent Appeal No. 16jC of 1971, decided on 9th December, 1979.
Presented By: Zakiuddin Pal and Karrar Hussain Zaidi, JJ
Municipal Committee, Quetta and another v. Syed Gul Baran and another P L D 1972 Quetta 89 ref. Malik Rehmat Ali for Appellant. Irshad Hassan for
Respondent.
Letters Patent Appeal No. 16jC of 1971, decided on 9th December, 1979.
Presented By: Zakiuddin Pal and Karrar Hussain Zaidi, JJ
Municipal Committee, Quetta and another v. Syed Gul Baran and another P L D 1972 Quetta 89 ref. Malik Rehmat Ali for Appellant. Irshad Hassan for
Respondent.
MUHAMMAD SHARIF--Appellant
VERSUS
MUNICIPAL COMMITTEE, JARANWALA--Respondent
Law: Municipal Administration Ordinance, (X of 1960)
Section: 92(2)
(a) Municipal Administration Ordinance (X of 1960) S. 92(2)Dangerous tradeLicence expiring by efflux of time without intervention or action by any of parties and licensee obliged under law to take out a licence for next year No vested right remains in licensee unless law or rule preserves same. (b) Municipal Administration Ordinance (X of 1960) S. 92(2)Dangerous tradeLicence, renewal of Not provided for as a matter of course on payment of specified amount of feeNo right, held, vests in appellant so far as issue of licence in his favour concerned. (c) Municipal Administration Ordinance (X of 1960) S. 92(2)Dangerous tradeRenewal of licencePurpose of S. 92(2). Very purpose of subsection (2) of section 92 of the Municipal AdministrationOrdinance is to see whether in the given conditions of a locality licence for carrying on dangerous and offensive business should be renewed every year or not. Assessment in this behalf has to be made by Municipal Committee before taking any decision for renewal of a licence otherwise it would be a matter of routine for every lisensee to carry on such trade after depositing the requisite amount for renewal of his licence. The facts and circumstances of case show that licence was rightly refused to be renewed. (d) Municipal Administration Ordinance (X of 1960) S: 92(2)Dangerous tradeRenewal of licenceNo right vesting in appellant for renewal of licence to carry on trade after expiry of his licenceWhether to renew licence or not, held, a matter within discretion of Municipal Committee. Muhammad Hashim v. Zulfiqar Ali Khan, General Manager, West Pakistan Road Transport Board and others P L D 1963 Lah. 418 ref. (e) Municipal Administration Ordinance (X of 1960) S.92 (2) & (3)InterpretationPurposes of subsections (2) & (3) ' Distinct Subsection (3) quite independent and enabling provision authorising Municipal Committee to separate certain areas from others for purpose of setting up dangerous and offensive tradesContention that since no scheme envisaged under subsection (3) of S. 92 enforced appellant cannot be refused licence to carry on his trade, held, without force. Dates of hearing : 14th arid 17th November,…