Law: Prohibition (Enforcement of Hadd) Order (4 of 1979)

Section: 19

Law: Constitution of Pakistan, 1973

Section: 199

[Sindh Excise Manual.........Vol. I, para. 282-A(19)---Issuance of licence for liquor shop ---Pre­condition---Place of public worship existing---Restriction is imposed on opening a liquor shop where a place of public worship is within 100 yards of such shop. (b) Sindh Excise Manual--Vol. I, para. 282-A(19)---Prohibition (Enforcement of I-1~Hadd) Order (4 of 1979), Art. 19---Constitution of Pakistan (1973), Art.199---Constitutional petition---Cancellation of licence of liquor shop---Such licence was cancelled by Authority on the ground that there was a mosque within the radius of 230 feet of the shop---Validity---Licence was issued in the year 1996 which was renewed in subsequent years 1997 and 1998 making the same valid up to 30-6-1999---Worship place was built after, the wine shop was allowed to be opened and even much after the renewal of licence in year 1997---Authority did not exercise its jurisdiction legally and lawfully while cancelling such licence---Order of Authority was set aside in circumstances. J.J. Tajik v. Government of Balochistan PLD 1993 SC 445 ref. ORDER GHULAM RABBANI, J.--- With consent this Constitutional petition is admitted to regular hearing and is heard accordingly. 2. Through this petition, the petitioner has challenged an order, dated 17-2-1999 passed by the respondent No.2 cancelling the wine shop licence granted to him. 3. Succinctly stated, the facts of case of the petitioner are that he was granted a licence to sell liquor to non-Muslim citizens with a condition that licence would carry on the business at Shop, Plot No. 167 Village Sukhio Burfat, Deh Bittie Ammeri, Malir (Excise) District East, Karachi. The said licence was renewed in the month of June, 1997 and then in the month of July, 1998, rendering it valid upto 30-6-1999. Some aggrieved persons had approached the Provincial Ombudsman, Sindh complaining, inter alia, that the issuance of licence to the petitioner was against the Sindh Excise Manual as there existed a mosque near the wine shop. The Provincial Ombudsman, after hearing the complainant before him, the, petitioner herein, and the representative of Excise and Taxation Department, on a number of dates, by his…

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