SH. HAKIM ALI, J. -- Through this petition the petitioner seeks indulgence of this Court for declaring the impugned order dated 17-12-2003 passed by D.C.O. Bahawalpur by which his appeal against the order dated 5-42003 passed by Tehsil Nazim, Yazman was dismissed, to be illegal and without lawful authority.
2. The brief facts are that the petitioner had installed a small grinding mill, commonly known as Chakki in Chak No. 111/DNB, Tehsil Yazman, District Bahawalpur, for which licence was issued by Tehsil Municipal Officer Yazman vide his order No. 114. Dated 2-03-2003. After the grant of permission the petitioner had installed Chakki and was earning his livelihood through the grinding mill, when all of a sudden Mr. Muhammad Hanif Tehsil Nazim had cancelled the licence of the petitioner and directed Tehsil Officer Planning to seal the "Chakki" on 5-4-2003 which order was set aside by D.C.O and remanded the case to Tehsil Nazim who had maintained his earlier order through his order dated 2-5-2003. The petitioner had again filed appeal before D.C.O, which was decided on 18-12-2003, which had upheld the order of Tehsil Nazim.
3. The grievance of the petitioner is that he had not violated any terms and conditions of the licence and the licence was granted after verification of the facts and the ground realities. It has further- been stated that due to inimical terms of the Lumberdar of that area, it is motivated to deprive the petitioner from his earning.
4. At this stage the learned counsel appearing on behalf of Tehsil Nazim, respondent No. .2 was asked as to what was the material upon which the petitioner's licence was cancelled. The learned counsel replies that if the petitioner undertakes to comply with the terms and conditions of the licence specially with regard to the closing of the grinding mill at the time of saying of prayers and lessening of noise, the Tehsil Nazim would have no objection to restore his licence.
5. Jamal Din, the petitioner is present in the Court and he undertakes to abide by the terms and conditions as stated and offered by the learned counsel for the Tehsil Nazim. In this state of the affairs, the order dated 17-122003 passed by the D.C.O., Bahawalpur is set aside and the license of the petitioner is restored with this condition that he would abide by the undertaking given to this Court as well as to the Tehsil Nazim. In case of violation of terms and conditions, in future, the petitioner would be liable to be proceeded against strictly in accordance with law. With these observations, the writ petition is accepted without any order as to cost.