SHAMS MEHMOOD MIRZA, J.--This order shall dispose of the present writ petition as well as the Writ Petitions Nos. 46211 of 2019, 107821 of 2017, 44915 of 2019, 50273 of 2019, 51543 of 2019, 52835 of 2019, 57274 of 2019, 59688 of 2019, 38173 of 2019, 38958 of 2019, 41659 of 2019, 41749 of 2019, 41862 of 2019 and 44466 of 2019.
2. The petitioners in all the writ petitions have made a challenge to Notification dated 25.05.2019 issued by the Administrator Municipal Corporation, Faisalabad (the Administrator) whereby the orders for the holding of weekly 'sasta bazar' in different areas were withdrawn.
3. Learned counsel for the petitioners referred to section 316(2) of the Punjab Local Government Act, 2019 (the Act) to contend that the Administrator was precluded from withdrawing the orders for holding of the weekly 'sasta bazar'.
4. The Administrator has filed the report and parawise comments in which it is alleged that majority of licenses obtained by the petitioners were illegally granted by the then chairman/vice chairman of defunct union council/city council in violation of section 27(2)(f) of the Punjab Local Government Act, 2013. It was furthermore submitted that a number of petitioners were not the owners of land on which the weekly 'sasta bazar' were being held and in some cases the petitioners were operating these bazars outside the area mentioned in the licenses thereby causing traffic hazards and congestion on the roads. It is furthermore submitted by the learned counsel for the Administrator that inquiries have been initiated against the petitioners which have not yet been concluded.
5. The learned counsel for the petitioners in rebuttal vehemently denied the allegations levelled by the Administrator. It was contended that the petitioners were not in breach of either the terms of the license or the rules framed in regard to 'sasta bazar'.
6. It is apparent from the contents of Notification dated 25.05.2019 that the operation of the relevant bylaws was suspended "till the decision of inquiry pending with the office of Secretary, LG&CD Department, Lahore.
Therefore, no weekly bazar is allowed to any private person other than those which are being managed by Municipal Corporation, Faisalabad due to security issue, traffic problem, illegal collection from stall holders and other misuse of powers by the organizers of weekly bazars".
7. It is also the case of the Administrator that inquiry proceedings are pending against the petitioners in regard to the allegations mentioned in Notification dated 25.05.2019. These inquiry proceedings have not yet been concluded and the allegations against the petitioners have not been proved so far. The Administrator, therefore, had no lawful right under the law to suspend the operation of these 'sasta bazars'. A penal action against the petitioners could only follow if the allegations against them mentioned in the impugned Notification were proved.
Of course, if, as a consequence of inquiry, it ,is concluded that the petitioners were grapted licenses unlawfully or that the petitioners were in breach of the terms of the licenses or the relevant by-laws, the Administrator shall be well within his right to take penal action against them including cancellation of their licenses. Till such time, however, the pending inquiry culminates into a binding conclusion against the petitioners holding them to be in violation of the terms of the license or the relevant by-laws, the administrator could not have issued Notification dated 25.05.2019.
8. In the result, this writ petition as well as connected writ petitions are allowed and Notification dated 25.05.2019 is set aside being without lawful authority and of no legal effect.