1995 PLP 1846 (MLD)

Punjab Local Government Ordinance (VI of 1979)‑‑‑ ‑‑‑‑S.51(39‑A)‑‑‑Civil Procedure Code (V of 1908), O.XXXIX, Rr.1, 2 & S.151‑‑‑Constitution of Pakistan (1973), Art.199‑‑‑Constitutional petition‑‑ Permit to hold cattle market within territorial limits, of Municipal Committee‑‑‑Zila Council from which petitioner was deriving right to hold cattle market had right to permit holding of the same if it had been holding such cattle market since 1980 and had been paying 20 per cent of income to Municipal Committee within whose territorial limits same was being conducted ‑‑‑Zila Council, however, could not hold cattle market within urban area of Municipal Committee or specified area thereof, on account of its failure to pay 20 per cent share of income to Municipal Committee concerned, as such no right could be granted by it to petitioner to hold cattle market‑‑‑No person or authority could grant or transfer to any other person any right which it itself did not possess‑‑‑Interim order to the effect that no interference would be made in holding of cattle fair was withdrawn and same stood vacated forthwith‑‑‑Petitioner's prayer for grant of interim relief was, thus, rejected in circumstances. This application has been moved by respondent No.2 for vacation of order, dated 4‑7‑1995 through which it was directed that no interference shall be made in the holding of cattle fairs by the writ petitioner on Friday.

2. The petitioner was granted lease by the District Council, Sargodha for holding cattle market within the territorial limits of Municipal Committee Bhalwal. Municipal Committee Bhalwal wants to hold Bakar Mandi at the same spot on Friday on which day the petitioner has also been allowed to hold cattle market by the Zila Council.

3. It has been provided in section 51, clause 39‑A of Local Government Ordinance, 1979 that a Zila Council could hold cattle market within the territorial limits of a Municipal Committee only if it had been holding the same since 1980 and had been paying 20% of the share of lease money to the Municipal Committee. It is clear from this provision of law that the Zila Council from whom the petitioner is deriving right to hold cattle market had a right to permit the holding of the same if it had been holding the same since 1980 and had been paying 20% of the income to the Municipal Committee within which territorial limits the same was being held. It was for this reason that the petitioner made averments in the writ petition that the Zila Council, Sargodha had been paying income to the Municipal Committee, Bhalwal for holding the said cattle market.

4. It was submitted by learned counsel for respondent No.2/applicant that the Zila Council had been holding the cattle market since 1980 but it did not pay 20% of the lease money to the Municipal Committee, Bhalwal therefore, neither Zila Council, Sargodha nor any lessee under it has any authority or right to hold cattle market within the territorial limits of Municipal Committee. With this application copy of an order dated 8‑9‑1987 passed by the learned Additional District Judge, Sargodha in appeal filed by the District Council, Sargodha against the Municipal Committee, Bhalwal against the order of learned Civil Judge Ist Class, Bhalwal, through .which District Council's application for temporary injunction to restrain the Municipal Committee, Bhalwal from holding Bakar Mandi on Thursday and Friday had been rejected Vas dismissed on the ground that the Zila Council, Sargodha failed to satisfy the Court that it could restrain the Municipal Committee, Bhalwal, from holding the Bakar Mandi on the said days i.e. Thursday and Friday. Copy of another order dated 24‑6‑1993 passed by the learned Civil Judge 1st Class, Bhalwal, in Civil Suit No.253/93 titled "Municipal Committee, Bhalwal v. Zila Council, Sargodha" has also been appended. In this order the learned Civil Judge after examining the relevant law, rules and in particular section 51 of the Local Government Ordinance, 1979, clearly held that the Zila Council, Sargodha could not hold the cattle market either within or within the radius of three miles of urban area of Municipal Committee, Bhalwal, inter cilia on the ground that it failed to pay 20% share of the income for holding cattle market to Municipal Committee, Bhalwal.

5. In view of the fact that under section 51 of the Ordinance no right or authority was vested in the Zila Council, Sargodha on account of its failure to pay 20% share of the income to Municipal Committee to hold cattle market as such, no right could also be granted by it to the present petitioner to hold cattle market as no person or authority could grant or transfer to any other person any right which it by itself did not possess, therefore, interim order dated 4‑7‑1995 to the effect that no interference would be made in the holding of cattle fairs by the petitioner is hereby withdrawn and the same stands vacated forthwith and the prayer of the petitioner for grant of interim relief is hereby rejected. This disposes of the prayer in the writ petition for grant of interim relief as also C.M. No.3048 of 1995. AA./A‑855/L Application rejected