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Civil Petition No. 65 of 1981, decided on 17th January, 1981.
(On appeal from the judgment dated 7th September, 1980 of the Lahore High Court in C. M. 8/C of 1981 in C. R. 8 of 1981).
-- Art. 185(3)-Appeal to Supreme Court-Ad interim order passed by High Court yet to be confirmed after hearing petitioner-Not appealable to Supreme Court--Best course for petitioner in circumstances to apply to High Court for setting aside such order.-[Appeal to Supreme Court].
Amir Khan v. Fateh Khan etc. 1978 S C M R 334 ref.
Maqbool Ellahi Malik, Advocate Supreme Court and Sh. Abdul Karim, Advocate-on-Record for Petitioner.
Nemo for Respondent.
Date of hearing : 17th January, 1981.
-This petition for leave to appeal is directed against the order dated 14th January, 1981, passed by a learned Single Judge of the Lahore High Court at Rawalpindi.
The petitioner had filed a suit to challenge the directions issued to the Chairman, Union Council, Alam Gar b the Assistant Director, Local Government, Gujrat, vide letter date 7th September, 1980, stopping the holding of the cattle fair market with immediate effect. The peti tioner was the contractor appointed through auction for collection of fees levied on the sale of the animals in the cattle fair. The learned Senior Civil Judge, by his order dated 13th September, 1980 on the application for temporary injunction filed by the petitioner along with his suit suspended the order of the Assistant Director, Local Government, Gujrat stopping holding of the cattle fairs on certain terms. On appeal by the Assistant Director, Local Government, Gujrat, and the respondent herein the above order was maintained by the Additional District Judge, Gujrat, on 22nd October, 1980. However, on the revision petition pre ferred before the High Court it was observed that the submission that respondent No. 1 (petitioner herein) did not have a prima facie case and the learned Courts below took an erroneous view of the law required consideration. Accordingly, the civil revision was admitted and in regard to the application for the grant of interim relief it was ordered that the operation of the judgment under revision, subject to notice, shall remain suspended meanwhile. This petition is directed against the last-mentioned part of the order.
The above recital of the facts shows that this petition is directed against ad interim order which is yet to be confirmed after hearing the petitioner herein. Such an order does not appear to be appealable to this Court, as held in Amir Khan v. Fateh Khan etc. 1978 S C M R 334. The best course for the petitioner is to apply for setting aside the order of interim relief and in view of the nature of the case we have no doubt that this matter will be taken up expeditiously by the High Court which competent forum to decide this matter.
This petition, with the above observations, stands dismissed.
Petition dismissed.
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