| Citation(s) |
|---|
| 2017 SLG 1328 2017 SLD 1328 2017 PLD 100 |
Balochistan High Court
Constitutional Petition No. 718 of 2013, decided on 21st April, 2017. Heard on: 29th March, 2017.
ABDULLAH BALOCH, JUSTICE
Iqbal Shah for Petitioner. Zahoor Ahmed Baloch, Assistant Advocate General assisted by Abdul Mateen Kakar, Law Officer Mines and Minerals Department for
Respondents. Behlol Khan Kasi for Intervener Abdul Jaleel, Proprietor of Mr. Bagh Metal for Responde
Constitutional Petition No. 718 of 2013, decided on 21st April, 2017. Heard on: 29th March, 2017.
ABDULLAH BALOCH, JUSTICE
Iqbal Shah for Petitioner. Zahoor Ahmed Baloch, Assistant Advocate General assisted by Abdul Mateen Kakar, Law Officer Mines and Minerals Department for
Respondents. Behlol Khan Kasi for Intervener Abdul Jaleel, Proprietor of Mr. Bagh Metal for Responde
MESSRS SINO PAK MINERALS PRIVATE LIMITED, ISLAMABAD THROUGH LAW ASSOCIATES OFFICE
VS
SECRETARY MINES AND MINERALS, GOVERNMENT OF BALOCHISTAN AND another
Law:
Section:
(a) Balochistan Minerals Rules, 2002---.--- ---.----Rr. 33(3), 47(2)(f) & 56(3)(4)---.---Mine lease, cancellation of---.---Lease of mines granted in favour of petitioner were cancelled by authorities on the ground that petitioner did not submit quarterly progress reports and violated the rules---.---Plea raised by petitioner was that no notice was served upon petitioner and it was unaware of letter on its addresses issued by authorities---.---Notice issued to petitioner for submission of quarterly progress reports and thereafter for cancellation of mining lease were not served upon petitioner in a proper and authenticated manner---.---Petitioner was condemned unheard and no opportunity was afforded to it---.---High Court set aside orders passed by authorities, as they were void ab initio and of no legal effect---.---High Court directed authorities to provide proper opportunity to petitioner and to decide the matter in accordance with law---.---Constitutional petition was allowed accordingly. (b) Constitution of Pakistan-- ---.----Art. 199---.---Civil Procedure Code (V of 1908), S.151 & O.I, R.10---.---Constitutional petition---.---Necessary party---.---Scope---.---Applicants sought to be impleaded as respondents---.---Validity---.---After surrender of rights in favour of petitioner, interveners had no character in title of leasing, having no locus standi to be impleaded as necessary party---.---Application was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: ABDULLAH BALOCH, JUSTICE:---.--- In this Constitutional Petition No.718 of 2013, the petitioner has sought the following relief: "It is accordingly respectfully prayed that keeping in view the above said facts and law, the petition may kindly be accepted and impugned notification and order dated 20-9-2013 may kindly be declared unlawful, illegal and without lawful authority and no legal effect and after doing the same the impugned cancellation notification issued by respondent No.2 may kindly be set aside and the respondent No.2 be directed to restore lease in said mines area mentioned in the petition as per law and order passed by respondent has no legal effect be set aside in the interest…
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