Law:

Section:

(a) Writ Petition------Locus standi-Petitioner personally affected by impugned order, but making petition in represen­tative capacity-Locus standi not affected. The petitioner, a milch cattle owner, challenged by a writ petition order of the District Magistrate which required all milch cattle owners within certain localities to remove their animals to what was described as a "Gujjar Colony", but filed the petition in his capacity as president of an Association described as the Lahore Mitch Cattle Owners' Association. Held, that the petitioner himself being also personally affected, the mere fact that he had filed the petition in a representative capacity will not deprive him of his right to make the petition. His locus standi was, therefore, not affected. (b) Punjab Public Safety Act (XV111 of 1949)------ -----S. s (1)-­Order to be addressed to particular person-One general order affecting many people, bad in law. Held, that as an enactment such as the Punjab Public Safety Act, which interferes with the liberty of the subject, has to be strictly construed, an order couched in general terms, without any examination of individual cases, contra­venes not only the letter but also the spirit of the Act. A general order, therefore, requiring all milch cattle owners of certain localities in the City of Lahore, who main­tained such cattle for commercial purposes, to remove them from such localities to a certain site known as "Gujjar Colony", for reasons of "health, sanitation and safety of human life" was bad in law, inasmuch as a direction for the mass removal of all cattle would in some cases at least be not only unjust but ultra vires of the Act. But this should not be interpreted to mean that the order question would necessarily have been a valid order if it had taken individual cases into consideration. (c) Writ------ -----Discretionary relief-Whether can be refused merely because object of impugned order can be achieved by authorities by other alternative powers. An order, passed under section 5 (1), Punjab Public Satefy Act (XVIII of 1949), for the removal of all milch cattle maintained for commercial purposes, to a certain specified locality, for reasons of…

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