MOHINDER SINGH SAWHNEY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment will dispose of five writ petitions, Civil Writs Nos. 2636, 2761, 2762, 2763 and 2770 of 1967, in all of which the common question relates to the vires of the Punjab Cattle Fairs (Regulation) Ordinance, 1967, Punjab Ordinance no. 14 of 1967, promulgated on 4th of November, 1967, the provisions of which have now been incorporated in the Punjab Cattle Fairs (Regulation) Act (Act No. 6 of 1968) (hereinafter called 'the Act' ). In the petitions, as originally filed, the constitutionality of the Ordinance was challenged, but after the arguments had been heard on 29th and 30th of January, 1968, the petitioners asked for amendment of the petitions for the purpose of divert ing the challenge from the ordinance to the Act itself, the provisions of both being ident-cal.

(2.) IN Civil Writ No. 2762 of 1967 (Lachhman Singh v. Shite of Punjab and Ors.)the admitting Bench on 7th of December. 1967, directed an early hearing of this petition as well as the others by Division Bench and this is how these matters have been placed before this Bench for disposal.

(3.) IN all the five cases befon us, the peti-tioners have contended that they have been carrying on the business of sale and purchase of cattla in markets organised by them for this purpose. In each case the petitioners have taken lands on lease from the municipalities or other local authorities for the purpose of holding these markets for the convenience of prospective buyers and sellers. The cattle markets have been organised by the petitioners in various parts of the State on specified dates and the admitting Bench permitted them to hold these despite the promulgation of the Ordinance "subject to any penalties incurred under the impugned Ordinance if the validity of the Ordinance is upheld. " while Petition No. 2636 of 1967 has been argued by Mr. Lakhanpal, the remaining petitions, except Petition No. 2762 of 1967 have been argued by Mr. Kaushal, Mr. Chawla has addressed arguments in respect of Petition No. 2762 of 1967.