Case Details

Citation(s)
2000 SLG 919 2000 SLD 919 2000 SCMR 1181 2000 SLD 1331 2000 SCMR 1181
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.696-K of 1999, decision dated: 15-03-2000:
NAZIM HUSSAIN SIDDIQUI AND RANA BHAGWAN DAS, JJ

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RIAZ AHMED and others

VS

GOVERNMENT OF PAKISTAN and others

Law:

Section:

Licence and licensee--Notice to vending stall holders, at railway station from the Railways Authorities intimating that public auction of the vending stalls was to be held on a specified date---Validity of notice---Status of the vending stall holders was no better than licensees as admittedly there was no agreement of tenancy between any of the stall holders and the Authority----1f the Authority in the larger interest had decided to do away with the practice of renewal of existing licences in favour of stall holders, no lawful exception could be taken to the course of action adopted by the Authority---Existing stall holders had no vested right of holding perpetual licence to carry on their business without the participation of any one else---Such licences, in law were always revocable after reasonable notice and in due process of law. Shaukat Hayat v: Government of Pakistan through Pakistan Railways PLD 1997 SC 342 fol. Khawaja Sharful Islam, Advocate for Petitioner. Nemo for Respondents. Date of hearing: 15th March, 2000. ORDER RANA BHAGWAN DAS, J.---Leave to appeal is sought against the order dated 4-11-1999 passed by a learned Division Bench of the Sindh High Court dismissing Constitutional petition preferred by the petitioners against the respondents challenging the vires of notice issued by the Railways Authorities dated 25-10-1999 issued to petitioner No.58 i.e. Izharuddin intimating him that a public auction of vending stalls shall be held on 4-11-1999. 2. Petitioners impugned the legality of impugned notice before the High Court on the ground that the device of public auction was mala fide and in fact respondents intended to oblige their favourites by disclocating the petitioners from their respective stalls. Learned High Court finding that the petitioners were not debarred from taking part in the public auction and the notice itself indicating that vending stalls were intended to be disposed of in a lawful and transparent manner, dismissed the petition in limine giving rise to the present petition for leave to appeal. 2-A. At the hearing learned counsel for the petitioner vehemently contended that the petitioners by virtue of paying…
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