R.S.SARKARIA
Municipal Committee, Dhanaula – Appellant
Versus
Dist. Magistrate, Sangrur – Respondent
1. This writ petition by the Municipal Committee, 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 dates 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 Mu
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