Case Details

Citation(s)
1986 SLG 637 1986 SLD 637 1986 SCMR 817
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 952 of 1985, decision dated: 21st January, 1986. (From the judgment of Lahore High, Court Lahore, dated 14-9-1985 passed in Writ Petition No. 799 of 1985).
MUHAMMAD AFZAL ZULLAH AND MIAN BURHANUDDIN KHAN, JJ

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CHIRAGH DIN

VS

MUNICIPAL COMMITTEE, PASRUR and others

Law:

Section:

Constitution of Pakistan (1973)-----Arts. 185(3) & 199--Punjab Local Government Ordinance (VI of 1979), Ss.156, 157 & 160-A--Constitutional petition--Petitioners aggrieved by order of Additional Commissioner/ delegatee of Government directing them to hold cattle market on a day other than on Friday--High Court in its impugned order observing that petitioners were not without remedy and could agitate said matter before District Co-ordination Committee set up under S. 160-A of Ordinance which was more appropriate body for examining such question--Counsel for petitioners stating that they had already decided to approach appropriate Co-ordination Committee for resolution of dispute--Controversy standing dissolved by said statement of counsel for petitioner, no useful purpose likely to be served by examining and further interpreting relevant provisions of law--Petition dismissed in circumstances. Ch. Mushtaq Ahmed Khan, Advocate Supreme Court and Syed Wajid Hussain, Advocate-on-Record (absent) for Petitioner. Malik Azam Rasool, Advocate Supreme Court for Respondent No.1. Date of hearing: 21st January, 1986. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment, dated 14-9-1985 of the Lahore High Court;, whereby a Constitutional petition involving a dispute about-cattle market between two Local Councils, filed by the petitioner, was dismissed. It needs to be noted that the Zila Council, Sialkot through its Chairman who is respondent No.4 in the petition has made an application to be transposed as petitioner. None of the learned counsel raised any objection to this request. We accordingly transposed Zila Council, Sialkot, as petitioner No.2 in the present petition, the first being Chiragh Din son of Miran Bakhsh, Petitioner was granted cattle market lease by Zila Council, Sialkot, for three years--7-2-1984 to 6-2-1987--At a progressive rate, on 7th February, 1984. In December, 1984 another Local Council namely, Municipal Committee, Pasrur, granted a similar cattle market lease to respondent No.2 for a place within its territorial jurisdiction which is only 14 kilometres from the place where the other Local Council i.e. Zila Council,…
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