' SABIHUDD1N AHMED, J.---Detailed comments have been filed by the respondent No,2 who has, inter alia, alleged that the petitioner had covered the entire footpath as could be "evident from the photograph of the place....". Interestingly, however, no such photograph has been placed on record.
2. Again the respondent No,2 has alleged that the petitioner was only granted licence for operating the machine at I. I. Chundrigar Road whereas she moved on to the footpath close to the residential area near Intersection of I. I. Chundrigar Road and Muhammad Bin Qasim Road. Indeed the receipt for renewal of licence, issued by the respondent No,1, clearly speaks of the licence of sugar-cane crushing machine of I. I. Chundrigar Road, opposite Office of Daily Jang. The petitioner herself has alleged that she has been carrying on the aforesaid business at the intersection of Muhammad Bin Qasim and I. I. Chundrigar Road, therefore, no serious factual controversy appears to be there.
3. It may be pertinent to add however that the respondent No,2, both in terms of parawise comments filed today and those filed earlier, has not merely questioned the authority of the respondentNo,1 to grant the licence but has gone to comment that the activity carried on by the petitioner is injurious to health and that KEBC should not have provided electricity to the petitioner.
We regret to observe that the said respondent travelled far beyond the domain of his lawful powers and an inference of the action being mala fide could not be ruled out.
4. While initiating appropriate action is a matter to be dealt with by the concerned authorities, we would declare the impugned action to be without lawful authority and restrain the respondents from acting upon it upon Mr. Yaqoob guaranteeing that the activity carried on by the petitioner would not violate the requirements of Articles 119 and 139 of the Police Order, 2002. In any case if such violation or other unlawful conduct comes to the notice of the respondents, they would be free to take appropriate action but strictly according to law and after hearing the petitioner.
5. Petition stands disposed of along with listed application.