' Constitutional Petitions Nos. 10563 of 1992 and 12064 of 1992 have been filed by the petitioners claiming themselves to be the growers and retailers of vegetables and fruits respectively in the Old Sabzi Mandi, Kasur. It is prayed in both the writ petitions that they are exempted from obtaining licences and that they are entitled to carry on their business in the Amin Khan Market (Old Sabzi Mandi), Kasur and they cannot in law be ordered to be shifted to the new market established at College Road. The petitioners have also challenged a notification dated 12-10-1992 of the District Magistrate, Kasur on the ground that the same has been issued to frustrate the rights of the petitioners to cary on their respective business.
2. In both the cases report and parawise comments were directed to be filed by the respondents and preliminary arguments were heard on 24-1-1993 and the judgment was reserved. Learned counsel for the petitioners also questions the legality of Rule 79 of the Agricultural Produce Market (General) Rules, 1979 on the ground that this is violative of Article 18 of the Constitution of the Islamic Republic of Pakistan, 1973. Rule 79 was inserted on 27-4-1985 and it is as hereunder:--- "Where a regular market has been established by a Market Committee with the approval of the Government, all transactions (sale and purchase) of agricultrual produce shall be conducted within the market premises and not outside."
3. The learned counsel for the respondents as also the learned Additional-Advocate General submit that where a new market has been established the petitioners have no right whatsoever to conduct their business in the old market which practically has come to an end and that the petitioners after the filing of the two writ petitions have been illegally carrying on their business in the old market resulting in great difficulties and traffic hazards and it is only for this reason that notification dated 12-10-1992 was issued under section 144 by the District Magistrate. On the question of exemption of licences it is submitted that the petitioners have already obtained the licences from the respondents for the new market.
4. The respondents have placed on record sanction of the Government dated 12-4-1978 by which new market has been established under Rule 63 of the Agricultural Produce Market Rules, 1940 on certain terms and conditions so mentioned in the said order. One of the conditions is that the Deputy Commissioner will auction the commercial plots within a period of six months from the date of issue of these orders and the argument is that all the commercial plots have been auctioned and the business is being conducted in the new market. A number of voluminous documents has been produced with the written statement to show that the plots have been finally auctioned in December, 1978. It is submitted by the learned counsel for the respondents that the Ghalla Mandi as well as Fruits and Vegetables Market has already been shifted to the new place.
5. Writ Petition No, 5214 of 1990 was filed by one Muhammad Siddique against the Administrator, Market Committee, Lahore and others in which he prayed that the respondents be directed to stop business in the old vegetable market for the successful implementation of the new vegetable market established under the law and this Court passed the following order:--- "In view of the comments submitted on behalf of respondents, writ petition is not pressed with an option for the petitioner to move an application before the Deputy Commissioner/Assistant Commissioner, Kasur for taking punitive action against those who are found responsible for violating the law. Writ Petition is, accordingly disposed of."
In pursuance of this several persons filed an application before the Deputy Commissioner who passed order dated 21-1-1991 accepting the application holding that "the law is very clear on the subject and I find no reason to depart from petitioners' request which is accepted accordingly.
Further it is hereby ordered that henceforth the business of sale and purchase of Fruits,/Vegetables shall be conducted at new vegetable market and the defaulters shall be punishable with the penalties provided under the Agricultural Produce Markets Ordinance, 1978. The Assistant Commissioner, Kasur is directed to ensure implementation of the aforesaid order".
6. Written statement has also been filed by the DeputyCommissioner/District, Magistrate, Kasur, respondent No, 2 annexing a copy of the written statement filed before the learned Senior Civil Judge, Kasur in "Ayub Hassan etc. v. Khan Muhammad Amin etc.6. " This written statement is allegedly filed by Muhammad Amin the owner of the old market who raised a preliminary objection that .he Old Sabzi Mandi has come to an end and all the vacant possession of the shops had been handed over to him. Then there is a report dated 4-5-1992 of Ch. Muhammad Latif, Advocate/Local Commissioner in the aforementioned suit to show that Old Sabzi Mandi has come to an end and the same has been closed by pucca walls.
7. The respondents have also filed a copy of Writ Petition No, 2113 of 1992 filed in this Court by Barkat All and 16 others against the Market Committee, Kasur etc., which was heard by my learned brother Irshad Hasan Khan, J. who passed the following order:-- "Malik Muhammad Nawaz, Advocate for petitioner. The question whether Rule 79 of the Punjab Agricultural Produce Market (General) Rules, 1979 is violative of Article 18 of the Constitution of Islamic Republic of Pakistan, needs consideration.
(2) Admit. Notice.
(3) In pursuance of Rule 79 a regular market has since been established by the market committee in 1982, and therefore, in terms of the aforesaid Rule no transaction of sale and purchase of agricultural produce can be conducted outside the market premises. I am therefore, riot inclined to grant any interim relief during the pendency of the writ petition. "
8. From the above resume of facts it is manifestly clear that the law point arising in the present two writ petitions is the same as in W.P. No, 2113 of 1992 which according to the learned counsel is still pending and as the same has been admitted and notice issued and it would be appropriate if present writ petitions, involving the same question of law relating to the interpretation of Rule 79, are admitted for regular hearing.
As to the question of temporary relief I find that no case has been made out by the petitioners on the facts and circumstances of the case, to allow them to carry on their business of sale and purchase of agricultural produce in Amin Khan Market (Purani Sabzi Mandi), Kasur. The stay oders dated 4-11 1992 and 28-10-1992 already issued in W.Ps. No, 10563/92 and W.P. No, 0264/92, respectively are vacated.