| Citation(s) |
|---|
| 1966 SLG 5289 = 1966 SLD 5289 = 1966 PLD 557 |
West Pakistan Lahore
Writ Petition No. 1349 of 1963, decided on 8th February 1966.
Presented By: S. A. Mahmood and Shaukat Ali, JJ
M. A. Khadim for Petitioner. Saeed-ul-Hassan for
Respondents.
Writ Petition No. 1349 of 1963, decided on 8th February 1966.
Presented By: S. A. Mahmood and Shaukat Ali, JJ
M. A. Khadim for Petitioner. Saeed-ul-Hassan for
Respondents.
GHULAM AHMAD alias GHULAM MUHAMMAD-Petitioner
VERSUS
Khan HIDAYAT ULLAH KHAN, COMMISSIONER, LAHORE DIVISION AND ANOTHER Respondents
Law: Slaughter of Kine Rules [framed under Punjab Laws Act (IV of 1872)
Section: 43,2(3),4
Slaughter of Kine Rules [framed under Punjab Laws Act (IV of 1872)----- -----S. 43], rr. 2(3) & 4, proviso-Licence for sale of beef-Granted not only in respect of shop but also in regard to particular person or persons named therein-Power to grant licence-Includes power to withdraw, revoke or cancel same-Letter No. 4262-GH-49/71811 dated 13-12-49-Conditions laid down in letter, supplement Rules and have binding force-Licence issued on condition that it was not transferable-Shop sub-let by licensee to another person-Deputy Commissioner competent to revoke licence. Shaukat Ali v. Commissioner, Lahore Division and others P L D 1963 Lah. 127 considered and not fol. Pakistan v. Sheikh Abdul Hamid P L D 1961 S C 105 ref. Date of hearing : 8th February 1966. JUDGMENT S. A. MAHMOOD, J.-Ghulam Ahmad petitioner was granted permission to purchase beef from the market for sale in his shop in Royal Park in July 1948, and was granted a regular beef vending licence in the year 1952. Since 1950, beef licences were issued on yearly basis, valid from 1st January to 31st December of each year. The licence of the petitioner was renewed up to the 31st of December 1962, but on the 14th of October 1963, the Deputy Commissioner disallowed the renewal of the petitioner's licence on the ground that the petitioner had sublet his licence to another person in contravention of the rules and conditions of the licence. It may be mentioned that before making the order, the petitioner's explanation was called, and he was asked to show cause, but his explanation was found to be unsatisfactory. The Deputy Commissioner found that an unauthorised person, namely, Abdul Aziz, son of Ch. Abdul Karim, was actually running beef business on the petitioner s licence. He, therefore, ordered that the licence shall be deemed as cancelled from 31st December 1962. The petitioner filed a revision petition under the rules before the Commissioner, Lahore Division, which was dismissed on the 16th of November 1963. By this writ petition under Article 98 of the Constitution of Islamic Republic of Pakistan, Ghulam Ahmad petitioner seeks to have the orders of…