P L D 1978 Lahore 792 (PLP)

This writ petition is by a Mutton Seller of Hira Mandi, Lahore who has his shop near Khanqah Naugaza. He is aggrieved by the fact that the retail price of mutton has been fixed by the District Magistrate, Lahore at Rs. 12 per seer or 12.85 per KLG. He questions the authority of the District Magistrate on the ground that without fixing the price at which sheep or goats should be sold it is unreasonable to fix the price of mutton.

2. But from the written statement filed on behalf of the District Magistrate, it is clear that the price was fixed after due consultation with the representatives of the Mutton Sellers and after taking into account all the factors relevant to the question of the determination of fair prices. Further, it should be noted that the writ petition itself is silent as to the price at which the Mutton Sellers themselves purchase sheep and goats. Without supplying the requisite data, the petitioner cannot justifiably assert that the price fixed by the District Magistrate is unreasonable.

3. At any rate, the District Magistrate has the power under the authority delegated to him by the Government to fix prices in pursuance of section 3 of the West Pakistan Foodstuffs Control Act, 1958. On the question of delegation, there is no dispute between the parties.

4. The learned counsel for the petitioner, however, asserts that no order having been passed under subsection (1) of section 3 ibid, the order controlling the price of Mutton under clause (b) of subsection (2) thereof is unlawful. According to him, a fair price can be fixed only in respect of foodstuffs the supply or equitable distribution of which has been regulated under subsection (1) of section 3 of the Act.

5. The contention, however, is not tenable. From the plain reading of the section, it is clear that there is a general power available under subsection (1) thereof for regulating or prohibiting the keeping in storage, consumption, etc., of foodstuffs for the purpose of maintaining availability thereof at fair prices, among other things. Subsection (2), however, is only an elaboration of subsection (1) and it has been specifically stated therein that the powers given thereunder can be exercised without prejudice to the generality of the powers conferred by subsection (1).

6. Since the impugned order serves the purpose of making mutton available at a fair price in Lahore, it cannot be said to be outside the scope of section 3 of the Act. Similar views, have been expressed also by a Division Bench of the Karachi High Court in Qamar Illahi v. Government of Sind and another (P L D 1977 Kar. 421).

7. It is, however, true that the prices of essential commodities keep fluctuating and, therefore, it is necessary that the prices should be revised periodically. But the impugned order has been passed so recently that it cannot be said to have become out of date.

8. At any rate, if in the opinion of the petitioner a revision of the price is called for, he should apply in this behalf to the authorities concerned. This Court cannot assume the functions of the Government or of any of its functionaries. For the reasons given above, I dismiss` this writ petition leaving the parties to bear their own costs. S. A. H.?????????????????????????????????????????????????????????????????????????????????????????????????????????? Petition dismissed.