DALIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE circumstances in which the question of interpretation and true scope of the expression "regulation" in Section 188 (e) (ii) of the Punjab Municipal Act (3 of 1911) (hereinafter called the Act) has arisen in this writ petition are these.

(2.) THE petitioners who are the Jhatka meat sellers carrying on business in different localities of Hoshiarpur have filed this petition to impugn the notification of the Punjab Govt. , dated September 12, 1975 (Annexure P-1), which is in the following terms:--

(3.) IT is conceded by the learned counsel for the respondents that the reference to Section 189 in the notification Annexure P-l is intended to be to Section 197 of the Act. It is settled law that mere reference to a wrong provision of law does not affect the validity of an order or a notification if it is otherwise authorised under some provision of law. The notification is said to have been issued under section 188 (e) (ii) read with Section 197 (a) of the Act. Section 197 (a) reads as follows:-" the committee may, and shall if so required by the State government, by bye-law (a) prohibit the manufacture, sale or preparation or exposure for sale, of any specified articles of food or drink, in place or premises not licensed by the committee. " It cannot be seriously disputed that tha above-quoted provision merely authorises the Municipal Committee to prohibit tha sale, etc. , of articles in any place of pre-mises not licensed by the Committee, that is, the only prohibition which can be imposed under this provision is not to allow the trade being carried on without license. In fact this is conceded by the learned counsel for the respondents. The only question that remains for consideration is whether the restriction imposed by the bye-law in question is authorised by Section 188 (e) (ii) of the Act. That provision is in the following terms.-