Law:

Section:

(a) Punjab Local Government Ordinance (XIII of 2001)-------Ss. 18, 54(n) & 76(g)---Constitution of Pakistan (1973), Art.199---Permission granted by Nazim, Union Council to hold a fair within its local limits---Intervention by District Nazim in holding such fair---Validity---Permission granted to District Nazims by Provincial Government could not deprive petitioner of his right granted by Nazim, Union Council under S.76(g) of the Punjab Local Government Ordinance, 2001---District Nazim had no power to grant permission to hold fairs as same had been expressly conferred upon Union/Tehsil Administration and Town Municipal Administration---Home Department of Provincial Government could not confer a power, which was not granted by statute---High Court declared permission granted by Nazim, Union Council to be valid while directing respondents not to interfere in execution thereof. (b) Punjab Local Government Ordinance (XIII of 2001)--- ----Preamble, Ss.2(vi)(vii)(xvi) & 12---Punjab Local Government Ordinance, 2001---Purpose---To devolve political power downwards, decentralize administration and financial authority---Different Councils and Administrations were provided for each local areas and all of them were assigned different functions and vested with different powers under relevant sections of Ordinance, 2001. Malik Saeed Hassan for Petitioner. Khursheed Anwar Bhindar, Addl. A.-G. along with Zubair Khalid Chaudhry and Maqsood, Inspector for Respondent. Date of hearing: 5th April, 2005. JUDGMENT This writ petition has been filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. The background of filing this petition is that the petitioner provides certain amusements at different fairs (Mela). He wanted to exhibit amusements by holding a fair known as Awami Tafreehi Mela at the occasion of annual Urs of Hazrat Data Gunj Bakhsh Sahib for a period commencing from 23-2-2005 to 21-4-2005. For the said purpose, the petitioner applied to Nazim of Union Council No.29, City Government, Lahore. The permission was granted by the said Nazim. 2. Despite permission as stated above, respondent No.1/S.H.O. interfered with petitioner and did not…

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