Case Details

Citation(s)
1983 SLG 522 1983 SLD 522 1983 PLD 174
Lahore High Court
Writ Petition No. 3426 of 1982, decided on 29th November, 1982
MUHAMMAD ASLAM MIAN, J
Ch. Muhammad Anwar Khan and Mian Ghulam Rasul for Petitioners. Niaz Muhammad Khan Lodhi for
Respondents.

Maulvi MUHAMMAD MUKHTAR AND others

VS

LICENSING OFFICER AND others--Respondents

Law:

Section:

West Pakistan Animals Slaughter Control Act (III of 1963)- 5. 3(3), West Pakistan Animals Slaughter Control (Punjab Amendment) Ordinance (VIII of 1970), S. 3 and Punjab Animals Slaughter (Control) (Amendment) Ordinance (VII of 1982)-Slaughter of kine and sale of beef-Provision regulating sale of beef by a licensing system-Repealed and sale not to be subjected to a licensing system except restriction mentioned in S. 3 of Ordinance VIII of 1970Regulation of sale of beef under a licensing system, levying of fees thereunder and, restriction as to number of sellers by respondent local committee, held, without warrant of law and instructions issued on subject either by Provincial Government or Deputy Commissioner without lawful authority-and of no legal effect. Nazir Ahmad v. Deputy Commissioner, Jhang etc. N L R 1978 Civil 1130 ref. JUDGMENT This writ petition has been brought challenging the acts of the respondents preventing the petitioners from carrying on with their vocation as to the slaughtering of the animals and selling of the beef and refusing to renew the licences of some of the petitioners and issuance of new licences to others, maintaining that the acts of the respondents constitute an infringement and violation of the rights of the petitioners to take to their trade. 2. Briefly the facts as alleged by the petitioners are that they are butchers by vocation and have bean carrying on with their business of slaughtering animals and selling the beef for the last 25 years at Sangla Hill, as such, they are sticking to their vocation right from their forefathers. Some of the petitioners were issued with licences permitting them to carry on with their vocation vide Annexures A/1 to A/3. After the expiry of their licences on 30-6-1982 when the petitioners sought the renewal thereof the respondent refused to renew the same and in respect with the other petitioners to issue fresh licences. 3. The writ petition has been resisted by the respondent Municipal Committee. It has been maintained on its behalf that the petitioners Nos. 7 to 10 were not licensees of the respondent committee so they are not aggrieved persons having no locus stands. The petitioners Nos. 1 to…
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