LHC halts auction of Jaranwala shops, summons Faisalabad DC

The appellants, through their counsel Ch Shoaib Saleem Advocate, challenged a consolidated judgment under which their petition had been disposed of along with 92 other petitions concerning proprietary and lease rights over state and local government properties.

The shopkeepers argued that their case was different from the other petitions as they had valid written lease agreements executed in December 2023 following approval by the District Assessment Committee. They said they had also agreed to revised rents, which were subsequently being collected by the Municipal Corporation Jaranwala.

During the hearing, Justice Javed Iqbal Wains questioned how the shops could be auctioned when written arguments concerning the petitioners' rights were already pending before the court. The judge also asked the law officer representing the government to present the government's position on the matter.

The bench directed that the viewpoint of the concerned deputy commissioner be placed before the court and subsequently summoned the DC Faisalabad in person. The petitioners' counsel argued that auctioning shops already leased to the petitioners was unlawful and contrary to Section 94 of the Punjab Local Government Act, 2022, and the Punjab Local Government (Property) Rules, 2008.

The appeal maintained that the written lease agreements were still valid and that the petitioners' possession could not be disturbed through an auction during the currency of the agreements. The appellants have requested the high court to set aside the single bench judgment to the extent of their case and accept their writ petition.

They have also sought an order restraining the respondents from taking coercive action against them during the pendency of the intra-court appeal. Separately, Justice Ahmad Nadeem Arshad of the LHC also stayed auction proceedings involving several other Jaranwala shopkeepers who had challenged a decision of the Member Colonies of the Punjab Board of Revenue.

The petitioners in those cases were also represented by Ch Shoaib Saleem Advocate. Several writ petitions had also been filed by shopkeepers from other tehsils of Faisalabad. The petitions were clubbed together, with interim relief subsequently granted to the petitioners.