| Citation(s) |
|---|
| 1966 SLG 5315 = 1966 SLD 5315 = 1966 PLD 619 |
West Pakistan Lahore
Writ Petition No. 656 of 1965, decided on 24th February 1966.
Presented By: S. A. Mahmood and Shaukat Ali, JJ
Sami Hayat for Saeed Akhtar for Petitioners. Saeed-ul-Hassan for
Respondents Nos. 1 and 2. Iftikhar Ali Sheikh for
Respondent No. 3.
Writ Petition No. 656 of 1965, decided on 24th February 1966.
Presented By: S. A. Mahmood and Shaukat Ali, JJ
Sami Hayat for Saeed Akhtar for Petitioners. Saeed-ul-Hassan for
Respondents Nos. 1 and 2. Iftikhar Ali Sheikh for
Respondent No. 3.
TUFAIL BEG AND ANOTHER-Petitioners
VERSUS
COMMISSIONER, LAHORE DIVISION, LAHORE AND OTHERS-Respondents
Law: Slaughter of Kine Rules [framed under Punjab Laws Act (IV of 1872)
Section: 43,2(3),4
(a) Slaughter of Kine Rules [framed under Punjab Laws Act (IV of 1872)----- ----S. 43], r. 2(3) & 4, proviso-Licence for sale of beef -Granted not only in respect of shop but also in respect of persons-- Inclusion or non-inclusion of particular person's name in licence --Choice lies not with persons applying for licence but rests with Deputy Commissioner. Ghulam Ahmad v. Khan Hidayatullah Khan P L D 1966 Lah. 557 ref. (b) Slaughter of Kine Rules [framed under Punjab Laws Act (IV of 1872)---- ----S. 43], r. 5-Inclusion or non-inclusion of particular person's name in licence-Not a matter covered by any clause of r. 5-Order by Deputy Commissioner in respect of such matter-- Not open to revision by Commissioner-Necessity of amending Rules pointed out Order passed under r. 5 without notice to person affected-Not valid. Date of hearing : 16th February 1966. JUDGMENT S. A. MAHMOOD, J.-A licence for the vending of beef in a shop was issued in the name of Tufail Beg and Qudratullah, petitioners Nos. 1 and 2, which was valid from the 1st of January to the 31st of December 1963, and was renewed up to the 31st of December 1964. The name of Muhammad Kabir, who had applied along with the petitioners for the 'grant of a licence, was not included in this licence. The petitioners agreed to join Muhammad Kabir as a partner in the business and made an application dated the 14th of. November 1963 that his name be included in the licence. They changed their mind subsequently and on the 26th of March 1964, made another application request ing that the name of Rehmat Beg be included instead of that of Muhammad Kabir. The Deputy Commissioner, Sialkot, acting on the first application of the petitioners, included the name of Muhammad Kabir, respondent No. 3, in the beef licence on the 12th of December 1964. Therefore, the petitioners and Rehmat Beg filed separate revision petitions before the Commissioner against the noninclusion of Rehmat Beg's name in the licence. These two revision petitions were taken up by the Commissioner, who by his order dated the 5th of April 1965, cancelled the licence from the…