SUNSHINE JUTE MILLS Versus MARKET COMMITTEE, SHEIKHUPURA

This is a constitutional petition filed by 'Sunshine Jute Mills, petitioner, challenging the orders of the Administrator, Market Committee, Sheikhupura, dated 5‑2‑1986, the Assistant Commissioner, Sadar Sub‑Division, Sheikhupura, dated 7‑12‑1986 and the Commissioner, Lahore Division, Lahore, dated 17‑11‑1987.

2. The case in brief is that the Administrator, Market Committee, Sheikhupura, found the Sunshine Jute Mills liable to maintain a licence under Rules 6 and 36(8) of the Punjab Agriculture Produce Market (General) Rules, 1979, and to pay market fees in respect of the jute purchased by it within the area of Sheikhupura. The said view was upheld in appeal by the Assistant Commissioner, Sadar Sub‑Division, Sheikhpura, and in revision by the Commissioner, Lahore Division Lahore.

3. I have heard the arguments of the learned counsel for the petitioner and the Assistant Advocate‑General, Punjab. It is case of the petitioner that all the purchases of jute for the factory of the petitioner which is established in District Sheikhupura is effected by the Head Office of the mills at Lahore. In the revision petition the petitioner mills took up the plea that it was not asked by the Administrator, Market Committee, or by the Assistant Commissioner, Sadar Sub‑Division, to produce any evidence to show that such purchases were effected at Lahore. The Commissioner, Lahore Division, whilst holding that the petitioner mills had not been able to satisfy the Court regarding the purchase of jute and cotton at Lahore, did not state if any opportunity had been given to the petitioner mills to produce evidence in that behalf. The petitioner mills requests that permission should be granted to lead evidence before the respondents to show that the jute was purchased by the petitioner mills Head Office at Lahore. Since this matter was not dealt with properly, the three impugned orders of the respondents suffer from illegality.

4. For the foregoing reasons, this petition is accepted and the orders of respondents Nos. 1 to 3, dated 5‑2‑1986, 7‑12‑1986 and 17‑11‑1987 are hereby declared without lawful authority, and therefore, set aside. The case is remanded back to the Administrator, Market Committee, Sheikhupura, who shall receive whatever evidence is provided by the petitioner mills to show where the purchase of jute) was effected and then to pass an order, in accordance with law. There shall be no order as to costs.

H . B . T . / S‑261 / L Petition accepted.