Pakistan Case LawTHE TOWN COMMITTEE KHANQA H DOGRAN and another Versus Haji MUHAMMAD
This matter arises from a petition filed by the Town Committee challenging certain observations and findings made in an impugned judgment of the High Court regarding the respective powers of the Town Committee and the Zila Council to hold cattle fairs and markets. The core legal question was whether the High Court could competently determine and restrict the exclusive functions of the Zila Council—specifically regarding the holding of cattle fairs versus Bakar Mandi—when the Zila Council was not even a party to the underlying writ petition and had not agitated the matter. The Supreme Court held that since the Zila Council was not a party and had not challenged the January 1999 auction, the dispute concerning the rival rights of the petitioners and the Zila Council ought not to have been adjudicated. Consequently, the Supreme Court expunged the offending findings from the High Court judgment, leaving it open for the Zila Council to seek independent legal remedies if aggrieved. The key principle laid down is that courts should not render findings on rights and jurisdictions affecting a third-party local body that is neither impleaded nor a party to the proceedings.
- Can a court adjudicate upon the rights and exclusive functions of a local council when that council is not a party to the proceedings?
- Whether findings regarding jurisdictional disputes between local bodies should be expunged if made without hearing the affected statutory body?
- Does a Town Committee possess the authority to hold cattle fairs and markets alongside Bakar Mandi under the law?
ORDER
MUNIR A. SHEIKH, J.-- Learned counsel for the petitioners submits that the only grievance of the petitioners is that in the concluding portion of the impugned judgment the learned Judge of the High Court has held that only Zila Council could hold cattle fair and market and the petitioners could only hold Bakar Mandi for slaughtering of animals, but the Zila Council did not agitate against the holding of cattle fair and market by the petitioners and its auction, therefore, if the said observation/finding is expunged, the petitioners otherwise have no grievance against the direction of the learned Judge for holding fresh auction.
2.We have also observed that Zila Council was not a party in the writ petition in which the impugned judgment has been passed. The lease for holding cattle fair and market was auctioned in January, 1999 by the petitioners but Zila Council did not agitate, therefore, the dispute as to rights of the petitioners on the one hand and the Zila Council on the other hand as regard holding of cattle fairs and market should not have been decided. The following finding of the learned Judge:-
"It is equally clear that an urban Local Council can only hold Bakar Mandi-cattle market within its territory, only for the purpose of slaughter and provision of meat to its residents." ................. " It is also held and declared that respondent
Town Committee can only permit holding of Bakar Mandi for the purposes of slaughtering of animals and under the garb of this provision they cannot proceed to hold cattle fairs and other cattle. Market, which is the exclusive function of the Zila Council." are hereby expunged and shall not form part of the impugned judgment.
3.If the Zila Council feels aggrieved of the act of the petitioners of holding cattle fair and/or market in addition to Bakar Mandi it may seek its remedy in accordance with law in which case the rights of both the petitioners and the Zila Council as to dispute regarding thereto shall be decided, independently.
4.In the above terms, this petition is disposed of.
Judges on this bench
- Mian Muhammad Ajmal831 judgments
- Munir A. Sheikh1,362 judgments