2006 PLP 385 (SCMR)
SECRETARY MARKET COMMITTEE, SETHARAJA AT THARI MIRWA, DISTRICT KHAIRPUR — Petitioner Versus GOVERNMENT OF SINDH and others — Respondents
| Citation | 2006 PLP 385 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Rana Bhagwandas, Saiyed Saeed Ashhad and Hamid Ali Mirza, JJ |
| Parties | SECRETARY MARKET COMMITTEE, SETHARAJA AT THARI MIRWA, DISTRICT KHAIRPUR — Petitioner Versus GOVERNMENT OF SINDH and others — Respondents |
| Primary Law | Sindh Local Government Ordinance (XXVII of 2001) |
Q1: What are the key laws and sections cited in 2006 PLP 385 (SCMR)?
This judgment primarily cites: Sindh Local Government Ordinance (XXVII of 2001) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 385 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Rana Bhagwandas, Saiyed Saeed Ashhad and Hamid Ali Mirza, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 385 (SCMR) (SECRETARY MARKET COMMITTEE, SETHARAJA AT THARI MIRWA, DISTRICT KHAIRPUR — Petitioner Versus GOVERNMENT OF SINDH and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abrar Hussain, Advocate Supreme Court and Akhlaq Ahmed Siddiqui, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 25th October, 2005.
Headnotes / Summary
(On appeal from the judgment of Sindh High Court, Karachi, dated 18-1-2005 passed in C.Ps. Nos.D-343 of 2001, D-102, 143, 1878, 1698, 1355, 1341, 1340, 1335 of 2002 and 1089 of 2003).
S. 54-Agricultural Produce Markets Act (V of 1939), S.19
Constitution of Pakistan (1973), Art.185(3)
Leave to appeal was granted by the Supreme Court to consider question of law as to whether provisions of S.54 of Sindh Local Government Ordinance, 2001 would prevail over the provisions of S.19 of Agricultural Produce Markets Act, 1939 regarding levy of fee etc. by Market Committee.
Judgment & Decree
RANA BHAGWANDAS, J.
Petitioner seeks leave to appeal against a judgment of the Division Bench of the Sindh High Court, dated 18-1-2005 dismissing constitutional petitions filed by private respondents against the official respondents as well as the petitioner.
2. Prayer of the writ petitioners before the High Court appears to be that they are not liable to pay Dalali as well as Nangani fee on vegetable and fruits etc. brought by them from Sukkur to Gambat District Khairpur and to permanently restrain official respondents/their agents from recovering such fee directly or indirectly.
3. The petition was resisted by official respondents as well as the petitioner but, upon consideration of view-point of both the parties, the High Court allowed the petition on the assumption that provisions of section 54 of the Sindh Local Government Ordinance, 2001 shall prevail over the provisions of, section 19 of the Agriculture Produce Markets Act, 1939 regarding levy of fee etc. by the Market Committee.
4. It is contended that the High Court suffered from error of law by accepting the overriding effect of the provisions of section 54 of the Ordinance, 2001, thereby rendering the provisions of section 19 of the Act, 1939 as nugatory and redundant, which is against the settled principles for interpretation of statutes.
5. After hearing learned counsel for the petitioner and going through the impugned judgment, it appears that the question of law raised is of first impression and there appears to be no authoritative pronouncement on the point raised before this Court. Leave to appeal is accordingly granted to consider, inter alia, the aforesaid question of law. H.B.T./S-135/SC???????????????????????????????????????????????????????????????????? Leave to appeal granted.