' SHOAIB SAEED, J. --- This writ petition has been filed for a direction to respondents to include names of the petitioners for allotment of shops in New Grain, Fruit & Vegetable Market, Sahiwal.
2. Briefly, the Government of Punjab sanctioned New Grain, Fruit and Vegetable Market, Sahiwal vide order dated 24.5.2011. The allotment/auction committee was constituted vide order dated 24.12.2011. Map for the said market was also approved. Market Committees are governed under the Punjab Agricultural Produce Markets (General) Rules, 1979, such markets are established within notified area of the Market Committee under Sections 29 and 67 of the Rules ibid. 3.
3. The Allotment/Auction Committee under Rule 67 of the Punjab Agricultural Produce Market (General) Rules, 1979 prepared a list of commission agents working prior to approval of the new market and allotted/auctioned plots to the eligible working commission agents as per criteria approved by the Government from 60% allotment quota. The list of such eligible working commission agents was approved by NA/PIC meeting held on 04.11.2011.
4. Haji Muhammad Bilal (deceased) father of petitioner No, 1 obtained license of broker under Section 9 of the Ordinance lbid on 01.1.1989 which was renewed till 2001. The licensee did not intimate the Market Committee regarding suspension of his business, therefore, his license was cancelled .Under Section 9(2) of the Ordinance lbid, thereafter no license for commission agent was obtained by deceased father of petitioner No,
1. Petitioner No, 1 S.M. Bilal is nowhere mentioned as commission agent or a broker in the record of the Market Committee, Sahiwal.
5. Petitioners No, 2 and 4 obtained their licenses as commission agents on 31.5.2011 and petitioner No, 3 got his license on 29.2.2012, the said licenses were obtained after 24.5.2011 (the cut-off date) for sanctioning of New Grain, Fruit and Vegetable Market, Sahiwal. Petitioners' names are depicted at Sr. Nos. 174, 175 and 257 with date of issuance of licenses as per list appended.
6. Learned counsel appearing on behalf of petitioners referred to applications placed on record.
When confronted with the fact that the said applications did not reflect any endorsement/acknowledgment by the respondents was unable to satisfy the Court.
7. It is evident that petitioners No, 2, 3 and 4 did obtain license as commission agents but the same was obtained after cut-off date. The amended Rule 67(6)(c) of the Punjab Agricultural Produce Market (General) Rules, 1979 is relevant which reads as follows:---
(c) "Provided that a new market, 60% of the plots shall be reserved for allotment to the already working commission agents and remaining 40% shall be sold through open auction"
' Provided further that only those commission agents who had established business offices and were working as such prior to the approval of the market shall be eligible for allotment of plots in the new market."
' The petitioners No, 2 to 4 in view of the proviso were not eligible for allotment of plots in the new market as prior to approval of the market they did not hold license. Petitioner No, 1 (father) held a license which after its cancellation in the year 2001 was never renewed. Reliance was placed on the cases reported as Government of Pakistan through Secretary, Ministry of Commerce and another v.
Zamir Ahmad Khan (PLD 1975 Supreme Court 667), Sheikh Mudassar Ahmad v. Government of Pakistan through Secretary, Establishment Division, Islamabad and two others (1991 M LD 2121) and Zaheeruddin Sheikh and 30 others v. United Bank Limited (2002 CLC 147).
8. The principle/dictum laid in the aforesaid judgments is that policy decision taken by the executive is not open to judicial review under Article 199 of the Constitution of Islamic Republic of Pakistan.
9. In view of the above, this writ petition being devoid of merits is dismissed. However, petitioners have the right to apply for 40% plots which are to be sold through open auction.