Law:

Section:

Municipal Administration Ordinance (X of 1960) S. 64 and Punjab Local Government Act (XXXIV of 1975), S. 66¬Licence to establish private cattle market already expired High Court in writ jurisdiction or Supreme Court in appeal could not issue a direction that licence be renewed with retrospective effect Constitu¬tion of Pakistan (1973), Art. 199. ORDER ANWARUL HAQ, C. J. This petition seeks leave to appeal against an order made by a learned Judge of the Lahore High Court on the 26th of November 1977, by which a writ petition moved by the present petitioner to challenge the refusal of the Municipal Committee, Jhelum, to renew his licence for holding a cattle market for the year 1977 78, was dismissed. The relevant facts are that under an agreement entered into between the petitioner and the Administrator of the Municipal Committee, Jhelum on the 15th of July 1972, a licence was issued in favour of the petitioner by the Municipal Committee, authorizing him to hold a cattle market within the Municipal Limits of Jhelum, This action was taken in accordance with an order made by the Controlling Authority on the 8th of July 1972. Clause (vi) of this order contemplated that "the Municipal Committee, Jhelum, reserve the right to revoke the licence at any time without assigning any reason". The licence fee was fixed at Rs. 50,000 per year. It appears that the licence was renewed from year to year, until in January 1977, the authorities decided not to grant any further extension of the lease to the petitioner, and instead to auction the lease right for holding the cattle market. On the 12th of April 1977, a formal notice was served on the petitioner informing him that according to the instructions of the Provincial Government the lease/licence in question shall be put to auction for period 1st July 1977, to the 30th June 1978, and that the petitioner should take part in the auction. The petitioner managed to obtain a stay order from the Provincial Government, but the same was withdrawn on the 16th of August 1977. The licence was then auctioned on the 24th of August 1977, for a sum of Rs. 8,76,000 as against the fee of Rs. 50,000 which was being paid by the petitioner under…

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