Law:

Section:

(a) Balochistan Mineral Rules, 2002--- ----Rr. 2, 7(1), 46(2), 70, 75(3)(b) & 90---Constitution of Pakistan, Arts.199, 4 & 18---Constitutional Jurisdiction of High Court---Scope---Petitioners were granted prospecting licence of iron ore---Mining lease was executed in favour of petitioners but authorities, subsequently, issued one month notice to petitioners to show-cause for not utilizing the lease---However, before expiry of the period allowed in the notice, authorities issued prospecting licence of the area included in petitioners' lease to another company/respondent---Validity---Authorities violated the terms of their own notice and condemned the petitioners unheard against principle of audi alteram partem by issuing prospecting licence to another company/respondent before expiry of the time provided in the show-cause notice---Awarding of the prospecting licence of the area included in petitioners' lease smacked of bias, mala fide and favouritism of authorities depriving petitioners of peaceful and quiet enjoyment of the demised right under the lease agreement---Where a statutory functionary acted with mala fide or with partiality or in unjust or oppressive manner, ample power were vested in the High Court to issue appropriate direction under Art. 199 of the Constitution---Issuance of the prospecting licence and permission to the other company to undertake prospecting mining operations in the area leased to the petitioner violated R. 75(3)(b) of the Balochistan Mineral Rules, 2002---Article 18 of the Constitution, conferred on every citizen right to conduct any lawful trade or business; in the event of infringement of such right by a public functionary, High Court could enforce such right under Art.199(1)(3) of the Constitution---Every citizen's right to be dealt with in accordance with law was safeguarded by Art.4 of the Constitution, which barred any action to a person's property except in accordance with law---Appropriate direction and declaration could be made by the High Court under Art.199 of the Constitution to the authorities who did not deal with/treat the petitioners in accordance with law---Authorities acted in blatant disregard of…

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