' SH. HAKIM ALI, J.---Through this writ petition, the writ petitioners are aggrieved by the order dated 8-11-2004, passed by Secretary to the Local Government of the Punjab, who had passed the order rejecting the extension of lease period for five years, which was passed by the house of Tehsil Municipal Administration, Rahimyar Khan. As per learned counsel for the writ petitioners, the Punjab Local Councils (Property) Rules, 1981 were in force when the order dated 21-1-2003 was passed by the House of Tehsil Municipal Administration, which had extended the lease period of the petitioners up to five years. Therefore, the aforesaid local counsel having authority and power to extend lease due to above mentioned Rules it could not be upset by the Secretary, to the Local Government of the Punjab by applying recent property Rules of 2003, which were enforced on 17- 12-2003. Therefore, it has been prayed that the order dated 8-11-2004, passed by the Secretary, Local Government, Government of the Punjab may be declared illegal and unlawful.
2. Learned counsel appearing on behalf of Tehsil Municipal Administration, Rahimyar Khan has opposed the writ petition by stating that the Secretary, Local Government has the power to undo the resolution passed by the Tehsil Municipal Administration. Therefore, order passed by the Secretary, Local Government may be upheld.
3. After hearing the learned counsel and from the perusal of the record, it has been found that the order was passed by the House of Tehsil Municipal Administration on 21-10-2003. On that date when the lease period was extended for 5 years, the Punjab Local Government(Property) Rules, 1981 were in picture. The latter property rules had empowered the local council to pass such resolution of extension of lease period. The right has been accrued to the petitioners under the old law of Property Rules of 1981, it could not be snatched away by and through the order of Secretary/respondent. So, the impugned order dated 8-11-2004 passed by respondent No,3 is declared illegal and unlawful. Consequently, the Tehsil Municipal Administration, Rahimyar Khan is directed to execute formal sale-deed and to receive the amount of lease money as held by the house of Tehsil Municipal Administration for further five years from the date approval of the House, i.e, 21-10-2003. However, the petitioners are directed to deposit lease money within one month, if the same is due and has not been paid. If the petitioners failed to comply with this order, the Tehsil Municipal Administration shall be at liberty to take legal proceedings. So, the writ petition is disposed of with the above-noted terms.