MUNICIPAL COMMITTEE DHANAULA Vs. DISTRICT MAGISTRATE SANGRUR

JUDGEMENT

(1.) THIS writ petition by the Municipal Cummittee, Dhanaula, is directed against an order, dated 6-6-1967, of the Deputy Commissioner (District Magistrate), Sangrur, restraining the petitioner from holding its cattle fair on the dales on which the panchayat Samiti. Barnala, was to hold its cattle fair.

(2.) IT is alleged in the petition that the petitioner has framed Cattle Fair Bye-laws under Sections 188 and 199 of the Punjab Municipal Act, 1911 (hereinafter referred to as 'the Act'), which were duly confirmed by the Governor of Punjab, and were published in the Gazette, dated 12-5-1964. These bye-laws came into force on 1-7-1964. Ever since the Municipal Committee, Dhanaula is holding a monthly cattle fair from the 11th to the 18th of each calendar month within its municipal limits. The Panchayat Samitis are also by virtue of the Panchayat Act and the Rules framed thereunder, empowered to hold within their territorial jurisdiction cattle fairs. A severe competition took place over this matter between the Municipal committee and the Samiti. The Punjab Government, therefore, on 12-5-1964, issued a directive that all Panchayat Samitis should shift their cattle fair sites from municipal limits to the Samiti limits. They also advised that in order to avoid overlapping, it be ensured that two fairs are not held simultaneously and on contiguous grounds by a Samiti and a Committee.

(3.) IN spite of these instructions, on !6-ll-1964, the Deputy Commissioner passed an order under Section 232 of the Act suspending the activity of the Municipal committee, Dhanaula, in the matter of holding cattle fair (copy o! this order is annexure 'b' ). The Municipal Committee represented to the Government, who, by an order, dated 28-1-1965, (copy Annexure 'd'), rescinded the order of the deputy Commissioner. In the meantime, the petitioner also filed a suit in the Court of the Subordinate Judge lit Class, Barnala, on 11-11-1964, and obtained a temporary injunction on 10-3-1965 (vide Annexure 'f') restraining the Panchayat samiti from holding the cattle fair within the Municipal limits. The suit was finally decreed in favour of petitioner on 15-7-1965 (vide Annexure 'g' ).