Law: Constitution of Pakistan, 1973

Section: 185(3)

Constitution of Pakistan (1973)--Art.185(3)--Keeping and maintenance of milch cattle within boundaries of Municipal Corporation--Discretionary interim order passed by High Court--In view of the practice of Supreme Court to keep interference with the discretionary interim order passed by the High Court at the minimum the Court refrained from doing so. Syed Fayyaz Hussain Qadri, Advocate Supreme Court (absent) and S. Abid Nawaz, Advocate-on-Record for Petitioner. Iqbal Ahmad Oureshi, Advocate Supreme Court for Respondents (absent). Date of hearing: 3rd September, 1988. ORDER MUHAMMAD AFZAL ZULLAH, J.--This petition for leave to appeal, by the Lahore Municipal Corporation, is directed against an interim order passed by the Intra-Court Appeal Bench of the Lahore High Court; whereby, while admitting an Intra-Court appeal filed by the respondents side, the petitioner was directed not to "disturb" the respondents till the final disposal of the appeal. The present challenge is to the aforementioned interim order. According to the learned counsel, the respondents keep and maintain milch cattle within the Corporation Lahore. They are not only cause for delay in the proper and permanent development of the city; but, also cause serious nuisance and sometimes are responsible for accidents. Thus the question of public hazard is also involved. The respondents' writ petition was dismissed by a learned single Judge. It involved consideration, amongst…

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