Judgement

SHAH, J.: Cattle fairs are held for the last many decades in different parts of the territory of the State of Punjab, by local authorities and individual owners of land.The person or authority holding the cattle fair provides facilities to cattle owners for board and lodging and for stabling their cattle generally in consideration of charges including a percentage on the price realised by sale or purchase of cattle.

2. The Governor of Punjab with a view to control and regulate cattle fairs promulgated Ordinance No. 14 of 1967 on November 4, 1967, declaring a monopoly in the State of Punjab to hold cattle fairs and prohibiting all local authorities and individuals from holding cattle fairs "at any place in the State." This Ordinance was replaced by the Punjab Cattle Fairs (Regulation) Act 6 of 1968. By Section 3 of the Act it is provided:

"(1) The right to hold a cattle fair at any place in the State of Punjab and to control, manage, and regulate such fair shall vest exclusively in the State Government and shall be exercisable by it, in accordance with the provisions of this Act and the rules made thereunder, through such persons or authorities as it may deem fit.

(2) Notwiths