1. FALAK SHER, J.- Petitioner, being lessee of cattle market, Municipal Committee, Arifwala, District Sahiwal for the financial year 1990/91 having manoeuvred self propelling enthusiasm of Secretary Local Government and Rural Development Department, Government of the Punjab with a view to securing multiple extensions of lease with 10% per annum escalation clause got a directive issued through D.O. Letter dated 7.1.1991 requiring the Chairman 'to personally look into the matter and send firm recommendation for further proceedings." In adherence whereto the latter vide letter dated 13.3.1991 proposed one year extension with a closing note tending to synchronize with the desire that he has no objection if the lease is extended for three years by the Government. Hastily (the very next day) responding to the non-committal response with discontent and tending to pass on the buck vide D.O. Letter dated 14.3.1991 it was observed that the "letter does not serve the purpose", the case should be examined afresh keeping in view the interest of the local council and submit a self-contained reference to the Department for further necessary action. Taking the obvious hint, the Chairman succumbed to the coercion and tailored the sought for favourable reply opining the intended adventure to be in the Committee's interest vide memo dated 21.3.1991, zealously pursuing the extracted reference, the latter vide D.O. Letter dated 10.4.1991 was directed to have it endorsed by the House; in obedience whereto the approval was procured vide Resolution No. 191 on 11.4.1991 being verbatim reproduction of petitioner's application to the Secretary, Local Government and Rural Development Department. To cape it with a double knott, the petitioner resorted to a suit for declaration and permanent injunction on 7.5.1991 impleading the Chairman as the solitary respondent, who, conceded to the same and was accordingly decreed on 29.5.1991.
2. Subsequently, to make it doubly sure, approval of the house was also secured on 30.5.1991 and putting cast iron jacket around, on 31.5.1991, a contract was executed; equipped therewith, with a view to obtaining Chief Minister's blessings summary was submitted which didn't mature into reality vide the impugned order dated 11.12.1991 envisaging lease through public auction.
3. Confronted therewith the present petition was recoursed urging that the expression "Government", as defined in section 3 of the Punjab Local Government Ordinance 1979 and Article 139 of the 1973 Constitution means the Secretary being head of the department, who had accorded the approval thus reference to the Chief Minister was a "surplusage"; assuming that the expression "Government" includes the Provincial Chief Executive then the petitioner has been discriminated because the Chief Minister has approved couple of other cases of the kind; further through executive orders Civil Court's decree cannot be nullified and, lastly, by virtue of principle of locus paenitantiae the Municipal Committee having executed the contract cannot be allowed to resile therefrom, wherein I am not inclined to interfere because the whole venture smacks of collusion for ulterior motives to the detriment of public exchequer and any interference in this extraordinary jurisdiction would tantamount to encouraging perpetuation of illicit under-cover activity, which trend unfortunately seems to be on the escalation and is accordingly hereby dismissed in limine; however, the petitioner, if so advised, would be at liberty to participate in the public auction.