LAHORE (Web Desk) – A divisional bench of the Lahore High Court on Thursday restrained the respondents from proceeding with the auction process of the shops of petitioners in Jaranwala and summoned the Deputy Commissioner Faisalabad in person in an intra-court appeal challenging a single bench judgment concerning the properties.
The bench comprising Justice Waqar Haider Awan and Justice Javed Iqbal Wains passed the orders while hearing an intra-court appeal filed by 40 shopkeepers against the judgment passed in writ petition No. 44001/2025.
The appellants through their counsel Ch Shoaib Saleem Advocate had challenged the consolidated judgment whereby their writ petition was disposed of along with 92 other petitions concerning proprietary and lease rights over state/local government properties.
They contended that their case was distinguishable because they had valid written lease agreements executed in December 2023 after approval of the district assessment committee and had also agreed to revised rents. The Municipal Corporation Jaranwala had subsequently started receiving rent from them, according to the appeal.
During the hearing, Justice Javed Iqbal Wains questioned how the shops could be auctioned when written arguments regarding the petitioners’ rights were already before the court.
Addressing the law officer representing the government, the judge asked him to explain the government’s point of view on the matter.
The judge further remarked that the matter would not be proceeded with in that manner and directed that the point of view of the concerned Deputy Commissioner should be placed before the court. The bench subsequently summoned the Deputy Commissioner Faisalabad in person.
Ch Shoaib Saleem Advocate argued that the auction of 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 also contends that the petitioners’ written lease agreements remained subsisting and that their possession could not be disturbed through auction during the currency of the agreements.
The appellants have sought setting aside of the single bench judgment to the extent of their case and acceptance of their writ petition. They have also sought restraint against the respondents from taking coercive measures against them during pendency of the intra-court appeal.
Meanwhile, singly bench of the Lahore High Court, Justice Ahmad Nadeem Arshad also stayed the auction proceedings of many other shopkeepers from Jaranwala who had challenged the decision of member colonies of the Punjab Board of Revenue. They petitioners were also represented by Ch Shoaib Saleem Advocate. A number of writ petitions were also filed from other tehsils of Faisalabad but they were clubbed together and interim relief was granted to all the petitiioners.
