Law:

Section:

Foodstuffs Distribution Order, 1978 [M. L. A. Zone 'A']---N. 30, para. 5 (d)-High Court on writ petition filed by petitioner, a depot holder, directing petitioner to approach relevant authorities and such authority should consider his application on merits-Relevant authorities on being approached dealing with case in accordance with Food Distribution Order, 1978 requiring selection to be made by draw of ballot paper under supervision of District Allotment Board-Held, High Court's order being for disposal of petitioner's claim on merits, drawing of lots in respect of grant of authorisation for depots not being in violation of law, and disposal of case on merits assuring disposal in accordance with law and not in derogation of law, 'case decided on merits as directed by High Court-Leave to appeal refused. ORDER SHAFI-UR-REHMAN, J.-The petitioner who has been unsuccessful in obtaining an authorization for a depot for distribution of foodstuff seeks leave to appeal against the judgment of the Lahore High Court whereby his constitutional petition was dismissed. The petitioner had been authorized as depot-holder but that authorization was cancelled by the District Food Controller on the 9th of October, 1977. A constitutional petition (Writ Petition No. 3085 of 1977) was filed by him challenging the cancellation of his authorization. The constitutional petition then filed by the petitioner was not disposed of on merits but it was disposed of on a statement made by the petitioner. The direction being as follows:--- "It is directed that the petitioner may approach the relevant authorities under the Foodstuffs Distribution Order, 1967. The said authority would consider the application on merits. The present status quo order will endure till the allotment of permanent depot. This writ petition is disposed of accordingly." This order is of 27th June, 1979. The petitioner then approached the relevant authorities for consideration of his case on merits and it appears that the matter was dealt with in accordance with Martial Law Order No. 30…

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