The petitioner obtained a lease of cattle market, Pattoki for a period of three years and for this purpose an agreement was signed between him and the Chairman of the Zila Council, Kasur on 18- 3-1984. The market itself opened on 21-3-1984. On 29-4-1984 the Commissioner, Lahore Division decided to cancel the agreement as according to him this was in violation of Martial Law Instruction No.25 which provided for lease for three years, only in the case of new markets.
According to the Commissioner the present market being an old one the lease of only one year could be granted. The learned counsel for the petitioner, on the other hand, has argued that even though this market was sanctioned in 1975 no cattle fair was ever held and, therefore, the market shall be deemed to be a new market and a lease can be granted for a period of three years under Martial Law Instruction No.25. The learned counsel has stated that the petitioner could have shown that the Martial Law Instruction 25 had not been violated if he had been given an opportunity by the Commissioner for doing so before he passed the orders on 29-4-1984.
2. Mian Nisar Ahmad, Advocate has appeared on behalf of one Badar Din who applied for being impleaded as a party. The case of Badar Din is that the lease of cattle market in favour of the petitioner does not extend to goats in which the applicant has an interest. But I am afraid no judgment can be given in this regard as this is not a subject-matter of the present writ petition. The applicant may apply for joining the proceedings before the Commissioner before whom the case is being remanded.
3. It is apparent that the Commissioner passed orders on 29-4-1984 without hearing the petitioner.
This is unlawful. The orders of 29-4-1984 are, therefore, set aside. The Commissioner may decide the matter afresh after giving adequate opportunity of being heard to the petitioner and other parties interested. The writ petition is allowed with the above direction. There shall be no order as to costs.