1. ' SYED ZAHID HUSSAIN, J.---The petitioners claiming to be the occupants of shops on the basis of purported tenancy agreements in their favour from respondent No,9 are aggrieved of the sealing of the said shops by and at the instance of respondents Nos. 1 to 8 and have filed the present petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 for a direction to de-seal the said shops.
2. ' Parawise comments have been filed on behalf of respondents Nos. 1 to 8. The very authority of respondent No,9 of leasing out the shops has been disputed. It is pleaded that the lessee is Shalimar Hospital whose management had warned respondent No,9 not to construct illegal shops and also wrote to Pakistan Railways for appropriate action against the committee of respondent No,9.
3. ' The learned counsel for the parties have been heard.
4. The learned counsel for the petitioners has, without conceding the stance of respondents No,1 to 8, pointed out that there is no law authorizing the sealing of the shops in the manner it has been done by respondents Nos. 1 to 8. According to him the said respondents could at the most invoke the provisions of section 5 of West Pakistan Government Lands and Buildings (Recovery of Possession)
5. Ordinance, 1966 (Ordinance IX of 1966). The perusal of the said provision of law shows that for the eviction of unauthorized occupants an order in writing is to be made directing such person to vacate the land/building within the specified period failing which the process for recovery of possession envisaged by subsection (2) thereof is invokable. This procedure however, was not adopted nor followed by respondents Nos. 1 to 8. They do not seem to be conscious of the same. It may be observed that to enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen as is enshrined by Article 4 the Constitution of Islamic Republic of Pakistan, 1973. Since the occupation of the petitioners of the shops was admitted any action depriving them of the use or occupation thereof must have the backing of contemporaneous law otherwise action would be wholly unwarranted by law and indeed violative of the provisions of Article 4 of the Constitution of Islamic Republic of Pakistan, 1973. Sealing of the shops by and at the instance of respondents Nos.1 to 8 thus was wholly unwarranted which cannot be countenanced.
6. In view of the above, declaring the action of sealing of the shops as illegal and without lawful authority the respondents Nos.1 to 8 are directed to de-seal the shops forthwith. It is however, observed that this order will not impede or deter the respondents Nos. 1 to 8 from proceedings in the matter in accordance with law.
7. ' The petition is accepted accordingly with the above observations. No order as to costs.