Case Details

Citation(s)
2014 SLG 1649 2014 SLD 1649 2014 CLC 405
Balochistan High Court
Constitutional Petition No.450 of 2013, decision dated: 23rd October, 2013.
QAZI FAEZ ISA, C.J. AND, JAMAL KHAN MANDOKHAIL, J

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PAKISTAN PETROLEUM LIMITED through Attorney

VS

CHIEF MINISTER, BALOCHISTAN through Principal Secretary Chief Minister House, Quetta and 3 others

Law:

Section:

Balochistan Mineral Rules, 2002-------Constitution of Pakistan, Arts.185(3) & 199---Constitutional petition---Dispute over allotment of mines between parties---Order of Supreme Court directing parties to maintain status-quo during pendency of petition for leave to appeal---Subsequent order passed by Chief Minister allowing respondent to continue mining activities in disputed area during subsistence of such status-quo order---Validity---Matter was still sub judice before Supreme Court---Initiation of contempt proceedings before Supreme Court and challenging order of Chief Minister were two distinct and separate matters, whereas petitioner had chosen to declare impugned order as illegal and ultra vires---Respondent for getting permission could approach Supreme Court for issuance of appropriate orders, but he did not do so---Chief Minister had no power under Balochistan Mineral Rules, 2002 to pass impugned order---High Court declared impugned order as illegal, ultra vires and of no legal effect. New National Mining Corporation v. Government of Balochistan PLD 1977 Quetta 15; Siraj Din v. Amanullah Qureshi PLD 1980 SC 1; Muhammad Asghar Khan v. Mirza Aslam Baig PLD 2013 SC 1; S.M. Waseem Ashraf v. Federation of Pakistan, 2013 SCMR 338; Muhammad Yaqoob v. Behram Khan 2006 SCMR 1262; Nawab Ferozuddin v. State 2009 MLD 94 and Ghulam Akbar Lang v. Dewan Ashiq Hussain Bukhari 2012 SCMR 366 ref. Amanullah Kanrani for Petitioner. Shai Haq Baloch, Asstt. A.-G. for Respondents Nos.1 to 3. Abdullah Baloch for Respondent No.4. Date of hearing: 7th August, 2013. JUDGMENT QAZI FAEZ ISA, C.J.--- That whilst it was carrying out mining activities certain disputes arose between Pakistan Petroleum Limited (the petitioner) and Messrs Faheem Iron Ore (respondent No.4), which culminated in the filing of Civil Petitions Nos.521 and 522-K of 2009 before the Hon'ble Supreme Court. That vide order dated 9th July, 2009 leave to appeal was granted against the judgment of this court passed in Constitutional Petitions Nos.405 and 406 of 2008 and the parties were directed to "maintain status quo", which order was continued in Civil Appeals No.188-K and 189-K of 2009, and continues till…
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