MUNIR A. SHEIKH, J.-- Learned counsel for the petitioners submits that the only grievance of the petitioners is that in the concluding portion of the impugned judgment the learned Judge of the High Court has held that only Zila Council could hold cattle fair and market and the petitioners could only hold Bakar Mandi for slaughtering of animals, but the Zila Council did not agitate against the holding of cattle fair and market by the petitioners and its auction, therefore, if the said observation/finding is expunged, the petitioners otherwise have no grievance against the direction of the learned Judge for holding fresh auction.
2. We have also observed that Zila Council was not a party in the writ petition in which the impugned judgment has been passed. The lease for holding cattle fair and market was auctioned in January, 1999 by the petitioners but Zila Council did not agitate, therefore, the dispute as to rights of the petitioners on the one hand and the Zila Council on the other hand as regard holding of cattle fairs and market should not have been decided. The following finding of the learned Judge:- "It is equally clear that an urban Local Council can only hold Bakar Mandi-cattle market within its territory, only for the purpose of slaughter and provision of meat to its residents." ................. " It is also held and declared that respondent Town Committee can only permit holding of Bakar Mandi for the purposes of slaughtering of animals and under the garb of this provision they cannot proceed to hold cattle fairs and other cattle. Market, which is the exclusive function of the Zila Council." are hereby expunged and shall not form part of the impugned judgment.
3. If the Zila Council feels aggrieved of the act of the petitioners of holding cattle fair and/or market in addition to Bakar Mandi it may seek its remedy in accordance with law in which case the rights of both the petitioners and the Zila Council as to dispute regarding thereto shall be decided, independently.
4. In the above terms, this petition is disposed of.