Law:

Section:

Punjab Local Government Ordinance (VI of 1979)-------S. 65---Civil Procedure Code (V of 1908), S.151-Constitution of Pakistan (1973), Art. 199---Constitutional, petition---Contention of the petitioners was that until the cattle colony was established' by the Urban Local Council for meeting the, genuine needs of milkmen, any action on the part of the Local Council prohibiting the milkmen from carrying on the business of supply of milk within the limits of Local Council and Prohibiting them from keeping and maintaining the cattle in the prohibited zone was illegal---Constitutional petition also accompanied an application seeking temporary injunction arid a restraint order against the local Council which was passed by the High Court---High Court on the next date of hearing, with the consent of the parties, constituted a Committee to resolve the matter for obtaining land for the cattle colony etc. ---Petitioners thereafter moved another application alleging the violation of the restraint order stating that tile Local Council had started a campaign of confiscation of buffaloes found within the premises of the petitioners-- -Local Council through a written statement took tile stand that restraint order passed by the High Court stood merged in and modified by the order constituting the Committee to arrange the land for colony - Validity---Held, by no stretch of imagination the order of the High Court constituting the Committee could be made to mean the withdrawal or modification of the restraint order---When by controverting an injunctive order the patty against whom the order was passed had done something for its own advantage to the disadvantage of the other party, the Court under its inherent jurisdiction, could bring back the party to a position where it originally stood as it the order had been laid down so that no party was allowed to take advantage of his wrong in spite of the order to the contrary passed by the Court ---Petitioners, in circumstances, were entitled to the restoration of the possession as it existed because if the Court did not come to their aid and if the Court permitted the violation of its restraint order by the executive, the end result…

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