Law:

Section:

Agricultural Produce Market (General) Rules, 1979--- ----R. 79---Constitution of Pakistan (1973), Art. 199---Constitutional petition--­Admission of---Temporary relief---Grant of---Petitioners in their two Constitutional petitions had challenged legality of R. 79 of Agricultural Produce Market (General) Rules, 1979 according to which where a regular market was established by Market Committee with approval of Government, all transactions of sale and purchase of agricultural produce were to be conducted within that market and nowhere else---Law point arising in petitions being same as was in petition earlier filed which was still pending, fresh petitions were admitted for regular hearing---Petitioners having failed to make out case for grant of temporary relief to allow them to carry on their business of sale and purchase of agricultural produce in old market, stay orders already issued in favour of petitioners, were vacated. JUDGMENT Constitutional Petitions Nos.10563 of 1992 and 10264 of 1992 have been filed by the petitioners claiming themselves to be the growers and retailers of vegetables and fruits respectively in the Old Sabzi Mandi, Kasur. It is prayed in both the writ petitions that they are exempted from obtaining licences and that they are entitled to carry on their business in the Amin Khan Market (Old Sabzi Mandi), Kasur and they cannot in law be ordered to be shifted to the new market established at College Road. The petitioners have also challenged a notification dated 12-10-1992 of the District Magistrate, Kasur on the ground that the same has been issued to frustrate the rights of the petitioners to carry on their respective business. 2. In both the cases report and parawise comments were directed to be filed by the respondents and preliminary arguments were heard on 24-1-1993 and the judgment was reserved. Learned counsel for the petitioners also questions the legality of Rule 79 of the Agricultural Produce Market (General) Rules, 1979 on the ground that this is violative of Article 18 of the Constitution of the Islamic Republic of Pakistan, 1973. Rule 79 was inserted on 27-4-1985 and it is as hereunder:-- "Where a regular market has been…

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