Law:

Section:

(a) Interpretation of statutes-- ----Subordinate legislation---Vires---Subordinate legislation that runs contrary to statute, falsifies very object of parent law or creates hurdles in achievement of purpose of the principle statute has to be declared illegal and without lawful effect. (b) Balochistan Mines and Mineral Rules, 2002--- ----R. 104-A---Royalty, collection of---Extension of contract---Petitioner was aggrieved of extension granted by authorities in favour of respondent with regard to collection of royalty---Validity---Collection of royalty, as per R.104-A of Balochistan Mines and Mineral Rules, 2002 was to be made through open auction by inviting bids through respective Auction Committees on expiration of term of contract---No extension on any premises or pretext could be made nor any refund proportionate bid money was permissible---High Court directed authorities to auction contract for collecting royalty for leftover contractual period and set aside order in question---Constitutional petition was allowed accordingly. Suo Motu Case No. 13 of 2009 (PLD 2011 SC 619) and PLD 2011 Pesh. 1 ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD NOOR MESKANZAI, CHIEF JUSTICE:---.--- By means of this common judgment, we intend to dispose of Constitutional Petitions Nos.659 of 2017 and 542 of 2016 as both the petitions involve a common legal question. FACTS OF C.P. NO. 42 OF 2016. 2. It is the case of petitioner that on 3rd August, 2015 a contract, after observing all formalities in respect of collection of royalty on mines and mineral i.e. reti, bajri, gravel, Crush etc in District Lasbela including Hub river was awarded to respondent No. 2 for a period of one year w.e.f. 06.7.2015 against his offered bid amounting to Rs.6,55,00,000/. After awarding contract, the respondent No. 2 on one pretext or the other failed to deposit the monthly installments. The petitioner in order to collect complete information addressed a letter to the Deputy Director, Mines and Mineral Hub on 20th August, 2015 who submitted his report stating therein that the contractor (respondent No. 2) is collecting royalty of minerals from Hub river and the complaint filed by the respondent No. 2 is…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492