Law:

Section:

Constitution of Pakistan (1973)--- ---Art. 199---West Pakistan (Foodstuffs) Distribution Order, 1967 para 4 (5)---Deposit of cash security enhanced by executive authority through executive order with retrospective effect---Validity---Such executive order not- authorised by law to be retrospective was invalid to the extent of its retrospectivity---Para 4 (5) of West Pakistan (Foodstuffs) Distribution Order, 1967 whereby deposit of cash security was enhanced with retrospective effect, was declared to be without lawful authority and of no legal effect to the extent of its retrospectivity. JUDGMENT This judgment shall dispose of the following Writ Petitions: 1. W.P. No-5057 of 1980; 2. W.P. No.10607 of 1980. 3. W.P. No. 10778 of 1980; 4. W.P. 11008 of 1980; 5. W.P. No. 11046 of 1980; 6.W.P. No.11048 of 1980; 7.P, No.11071 of 1980; 8. W.P. No. 11198 of 1980; 9. W.P. No. 11199 of 1980; 10. W.P. No.11200 of 1980; 11.W.P. No. 11201 of 1980; 12.W.P. 11303 of 1980. 2. The facts leading to these writ petitions which involve the same question of law arising in identical circumstances, are as follows: Under section 3 of the West Pakistan Foodstuffs (Control) Act (XX of 1958) the Provincial Government may, by notified order, provide for regulating or prohibiting the keeping, storage, movement, transport, supply, distribution, disposal, acquisition, use or consumption of foodstuffs and trade commerce therein where it appears to it to be necessary or expedient for maintaining supplies thereof or for securing its equitable distribution and availability at fair price. Accordingly, in exercise of the powers conferred by the said provision of law the West, Pakistan (Foodstuffs) Distribution Order, 1907 was issued wherein it was provided that with a view to ensuring proper distribution of specified foodstuff in a distribution area, the District Magistrate might, on the recommendation of the District Allotment Board, authorise any person or class of persons or establishment to distribute any specified foodstuff for consumption. It was further provided that the authorization should specify the terms and conditions under which such person or class of persons or establishment should…

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