| Case ID |
f9a750dd-51f0-4ad0-ac3d-2f5057e43151 |
| Body |
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| Case Number |
Writ Petition No. 5796-P of 2019 |
| Decision Date |
Nov 07, 2019 |
| Hearing Date |
|
| Decision |
The High Court dismissed the constitutional petition filed by the petitioner, who was seeking to set aside the cancellation of the license for the establishment of a private fruit and vegetable market. The court found that the petitioner had not fulfilled the necessary conditions as stipulated by the Tehsil Municipal Administration Market Byelaws. The court noted that the petitioner had repeatedly failed to comply with the directives issued by both the authorities and the court. Hence, the impugned letter from the respondent was upheld as valid and lawful, leading to the dismissal of the petition. |
| Summary |
In the case of Writ Petition No. 5796-P of 2019, the Peshawar High Court addressed a dispute involving the cancellation of a license for the establishment of a private fruit and vegetable market by the petitioner. The petitioner argued that the cancellation was illegal and sought various forms of relief, including the issuance of a gazette notification for amended byelaws. However, the court found that the petitioner had consistently failed to meet the necessary conditions set forth in the Khyber Pakhtunkhwa Local Government Ordinance and related byelaws. The decision emphasized the importance of adhering to legal requirements and the consequences of non-compliance. The ruling underscores the significance of local government regulations in market operations and the legal framework governing such establishments, thereby impacting local businesses and their compliance with municipal laws. The court's decision serves as a reminder of the need for businesses to follow established legal protocols to avoid disputes and ensure lawful operations. |
| Court |
Peshawar High Court
|
| Entities Involved |
|
| Judges |
Qaiser Rashid Khan,
Muhammad Naeem Anwar,
Shahbaz Gul Shinwari
|
| Lawyers |
Zia-ur-Rehman Tajik,
Rizwan Faiz Muhammad,
Sabah-ud-Din Khattak
|
| Petitioners |
|
| Respondents |
5 Others,
Tehsil Municipal Officer, Kohat, K.P.
|
| Citations |
2020 SLD 1079,
2020 MLD 703
|
| Other Citations |
2011 SCMR 80,
PLD 2006 Kar. 479,
PLD 2004 Lah. 376,
PLD 2004 SC 271,
PLD 1997 SC 342,
2002 PLD SC 452,
PLD 2008 SC 135,
PLD 2016 Pesh. 164
|
| Laws Involved |
Khyber Pakhtunkhwa Local Government Ordinance, (XIV of 2001),
Khyber Pakhtunkhwa Local Government Act (XXVIII of 2013),
Constitution of Pakistan
|
| Sections |
54,
195,
64,
113,
18
|