| Citation(s) |
|---|
| 2000 SLG 2076 2000 SLD 2076 2000 CLC 1811 |
Lahore High Court
Writ Petition No. 11002 of 1994, heard on 11-06-1999
KARAMAT NAZIR BHANDARI, J
Hasnat Ahmad Khan for Petitioner. Nemo for
Respondents Nos.3 to 5. Khan Zahid Hussain Khan for
Respondent No. 6
Writ Petition No. 11002 of 1994, heard on 11-06-1999
KARAMAT NAZIR BHANDARI, J
Hasnat Ahmad Khan for Petitioner. Nemo for
Respondents Nos.3 to 5. Khan Zahid Hussain Khan for
Respondent No. 6
KHALID ABBAS
VS
DEPUTY COMMISSIONER/COLLECTOR, OKARA and 5 others
Law:
Section:
Punjab Agricultural Produce Markets Ordinance (XXIII of 1978)-------S. 24---Constitution of' Pakistan (1973), Art.199---Constitutional petition---Individual dispute and dispute related to matters connected with agriculture procedure---Jurisdiction of Chairman of Market Committee as arbitrator---Significance---Passing and execution of decree---Powers of arbitrator---Petitioner and respondent who were parties in joint business of running a dealership under a licence from Market Committee, having separated, respondent made claim of certain amount from the petitioner--Such claim was adjudicated by Chairman and Vice-Chairman of Market Committee (respondents) as arbitrators and passed decree for the amount of claim in favour of respondent---Chairman and Vice-Chairman of Market Committee in execution proceedings issued warrants against petitioner under West Pakistan Land Revenue Act, 1967 and arrested and confined him for some time---Validity---Dispute arising in notified market area relating to matter connected with agricultural produce could be referred to Board of Arbitrators under S.24 of Punjab Agricultural Produce Markets Ordinance, 1978, but individual disputes inter se between parties arising out of joint business could not be decided by Board of Arbitrators under the said Ordinance---Decision of Arbitrators, decree passed by them against petitioner and consequent steps of execution of said decree as arrears of land revenue, being acts without jurisdiction, were set aside by High Court in exercise of Constitutional jurisdiction declaring them to be illegal. JUDGMENT Petitioner and respondent No.6 were one time partners in joint business of running a dealership under a licence from Market Committee, Hujra Shah Maqeem. They separated and respondent No.6 made a claim of Rs.44,474 from the petitioner. This claim has been adjudicated by respondents Nos.3- and 4 as Arbitrators and they have passed a decree for that amount in favour of respondent No.6. This decree was sent for execution to respondents Nos. 1 and 2, who issued warrants under Punjab Land Revenue Act, 1967 and apparently the petitioner was arrested and confined for sometime. The petitioner has filed…
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