| Citation(s) |
|---|
| 1982 SLG 873 1982 SLD 873 1982 PLD 710 |
Lahore High Court
Writ: Petition No. 4583 of 1981, decided on 27th June, 1982. dates of hearing : 3rd, 4th and 11th May, 1982
GUL MUHAMMAD KHAN AND MUHAMMAD AFZAL LONE, JJ
Mehr Noor Ahmed for Petitioners. Birjees Nagee for
Respondent No. 1. Tanvir Ahmed Khan, A.A.G. with Atta Elahi Section Officer,. with records for
Respondent No. 2.
Writ: Petition No. 4583 of 1981, decided on 27th June, 1982. dates of hearing : 3rd, 4th and 11th May, 1982
GUL MUHAMMAD KHAN AND MUHAMMAD AFZAL LONE, JJ
Mehr Noor Ahmed for Petitioners. Birjees Nagee for
Respondent No. 1. Tanvir Ahmed Khan, A.A.G. with Atta Elahi Section Officer,. with records for
Respondent No. 2.
MUHAMMAD GHIAS AND others
VS
MARKET COMMITTEE, KAMALIA AND another--Respondents.
Law:
Section:
(a) Punjab Agricultural Produce Market Ordinance (XXIII of 1978)--- S. 4(3) read with Punjab Local Government Ordinance (VI of 1979), . , S. 4-Salient functions of two statutory bodies constituted under Market Ordinance and Local Government Ordinance placed in juxtaposition, show both enactments to have conflicting parallel provisions and such provisions not capable of being administered by two bodies together Both bodies hence to have exclusive areas of operation with regard to common items-Punjab Local Government Ordinance, 1979 being an enactment of -a later date and containing a specific superseding clause, no other law of an earlier date (e.g. Market Ordinance of 1978), held, can override its provisions.-[Interpretation of statutes]. -(b) Punjab Agricultural Produce Market Ordinance (XXIII of 1978)-- S. 4(3) read with Punjab Local Government Ordinance (VI of 1979)Authority of Market Committee in respect of markets established by Urban Council-Petitioners lessees of shops built by Municipal Committee carrying on business of sale and purchase of articles of food and drink-Word "market" including any place or area where goods of one or more kinds sold repeatedly over a short or long period of time, a shop rented for sale of vegetables and fruit, held, a market and to be exclusively controlled by Urban Council with regard to articles of food and drink if situate in urban area and Market Committee cannot exercise any control over petitioners carrying on business within limits of a Municipal Committee.-[Words and phrases]. Hirjina Salt Chemicals (Pak.) Ltd. v. Union Council, Gharo and others 1982 SCMR 53 ref. JUDGMENT GUL MUHAMMAD KHAN, J.-The petitioners have assailed through this petition the orders passed by respondent No. 1, denying them their right to carry on the wholesale business of vegetable and fruit, in the shops of respondent No. 2; which they had obtained on lease operative till 31st December, 1983. They have also asked for a direction, to respondent No. 2, to issue the necessary licences, under the Punjab agriculture Produce Market Ordinance, 1978 (hereinafter called the Market Ordinance). 2. Briefly, the facts of this case are that the…
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