Law:

Section:

Punjab Agricultural Produce Markets Ordinance (XXIII of 1978)---------Ss. 2 & 24---Punjab Agricultural Produce Markets (General) Rules 1979, Rr.50 & 79---Constitution of Pakistan (1973), Art.199--­ Constitutional petition---Arbitration Board---Jurisdiction of Arbitration Board, prerequisites---Petitioner had obtained the lease of the fruits of gardens through a settled contract---Amount settled was not paid--­ Respondent filed application before Arbitration Board, Market Committee concerned for recovery of lease money---Arbitration Board through its decision directed the petitioner to pay the amount--Validity---Before proceeding with the dispute, it had to be proved on the record that the matter in dispute had arisen within the notified market area as notified under section 4 of the Punjab Agricultural Produce Market Ordinance; 1978---No such notification having been brought on the record by any of the parties, it could not be declared that the dispute had arisen within the notified market area---Restriction imposed by Rule 79 of the Punjab Agricultural Produce Markets (General) Rules 1979 and its impact on the case with all other prerequisites for exercise of jurisdiction to entertain and adjudicate upon the matter in dispute were not considered by the Arbitration Board before making the decision--­Such decision was declared to be illegal and unlawful---Matter was referred to the Board for reconsideration. Malik Muhammad Sadiq Charmer for Petitioner. Muhammad Aslam Khan Dhukkar for Respondent No. 1. Mirza Muhammad Nadeem Asif for Respondent No.2. ORDER Through this writ petition Muhammad Azam, petitioner has challenged the judgment and decree passed on 9-2-2004 by the Chairman Arbitration Board, Market Committee, Khanpur, by which the petitioner was directed to pay Rs.8,00,000 to respondent No.2 Muhammad Aslam. The facts as admitted between the parties are that petitioner had settled a contract with respondent No.2, Muhammad Aslam, to obtain the lease of the fruits of his gardens situated in Chak No.32/P, and Chak No.35/P of Bagh-o-Bahar, Tehsil Khanpur for two years commencing from March, 2002 Out of total lease amount, Rs.8,00,000 had remained to be…

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