| Citation(s) |
|---|
| 2016 SLG 1066 2016 SLD 1066 2016 CLC 1152 |
Sindh High Court
C.P. No. D-4829 of 2014, decided on 30th July, 2015. Date of hearing: 21st April, 2015.
SAJJAD ALI SHAH AND SYED SAEED-UD-DIN NASIR, JJ
Faisal Siddiqui for Petitioner. Zia-ul-Haque Makhdoom, D.A.G. for
Respondent No. 1. Asim Iqbal for
Respondents Nos.2 and 3. Zia-ul-Haque Makhdoom, D.A.G. for
Respondent No. 4.
C.P. No. D-4829 of 2014, decided on 30th July, 2015. Date of hearing: 21st April, 2015.
SAJJAD ALI SHAH AND SYED SAEED-UD-DIN NASIR, JJ
Faisal Siddiqui for Petitioner. Zia-ul-Haque Makhdoom, D.A.G. for
Respondent No. 1. Asim Iqbal for
Respondents Nos.2 and 3. Zia-ul-Haque Makhdoom, D.A.G. for
Respondent No. 4.
RAMESH KUMar court UKRANI
VS
FEDERATION OF PAKISTAN through Secretary Ministry of Petroleum and Natural Resources and 3 others
Law:
Section:
(a) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Maintainability---Administrative action---Limited company under dominative control of the State---Maintainability of constitutional petition against such company---Company which was performing function in connection with affairs of Federation, was amenable to constitutional jurisdiction of High Court---Mere fact that company was a limited company registered under the Companies Ordinance, 1984, limited by shares was not sufficient to hold that constitutional petition could not be maintained against such company---Even if such company was registered under Companies Ordinance, 1984 but was funded by Federal or Provincial Government and was under the dominative control of the State, jurisdiction under Art.199 of the Constitution, would lie against such company---Constitutional petition was, therefore, maintainable. Inam Ali Bhutto and others v. Sui Southern Gas Company Ltd. and others 2000 PLC (C.S) 459; Nagina Bakery v. Sui Southern Gas Limited and 3 others 2001 CLC 1559; Punjab Public Service Commission and another v. Mst: Aisha Nawaz and others 2011 SCMR 1602; Huffaz Seamless Pipe Ind. Ltd.'s case 1998 CLC 1890; M/s. Ramna Pipe and General Mills (Pvt.) Ltd. v. M/s. Sui Northern Gas Pipe Lines (Pvt.) and others 2004 SCMR 1274 rel. (b) Constitution of Pakistan--- ----Art. 158---Constitutional petition---Priority of requirements of natural gas---Petitioner impugned non-commissioning of supply of gas to petitioner's CNG station by company---Held, authority should adhere to letter and spirit of Art.158 of the Constitution while dealing with petitioners and all stake-holders in the Province vis-Ã -vis the supply of gas---Petitioner had sought treatment similar to other CNG Stations, to whom gas was being supplied and had stated that if nobody was being supplied gas, the petitioner would have no objection, however, whenever gas was available for other CNG Stations, the petitioner should get treatment at par with others---Petitioner was entitled to commissioning of gas supply inasmuch as petitioner's CNG station fell within category of lifting of moratorium by Federal…
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