Law:

Section:

Khyber Pakhtunkhwa Mining Concession Rules, 2005--- ----R.170---Lease for coal mines excavation, sub-letting of---Cancellation of---Lease for coal mines excavation was cancelled on the ground that same had been sublet in favour of petitioner---Contention of petitioner was that he was not afforded an opportunity of hearing---Validity---No lease holder could sublet the mine for the purpose of extraction of the mineral to any third person---Sub-contracting could be done with the permission of licensing authority and in case of violation licence or lease could be cancelled---Provisions of R.170 of Khyber Pakhtunkhwa Mining Concession Rules, 2005 were mandatory---Opportunity of hearing was the prerogative of lessee/licensee only and such opportunity was not for the sublettee---Lease holder had not joined hands with the present petitioner in filing of constitutional petition to protect his leased area---Constitutional petition was dismissed in circumstances. JUDGMENT AHMAD ALI, JUSTICE:---.--- The petitioner through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, is seeking the following relief: It is, therefore, most humbly prayed that on acceptance of this writ petition this Honourable Court may be pleased to declare the impugned order/verbal direction of respondent No.2 dated 19.06.2018 through which the Coal Mines Excavation was stopped, is illegal, without jurisdiction without lawful authority, void ab initio and the petitioner may please be allowed to run his business (Excavation of Coal Mines) as legally obtained permission for the same. Any other relief though not specifically asked for, to which the petitioner is found entitled in the circumstances of the case may also be granted to the petitioner." 2. The facts of case, in essence, are that originally in the year 2010-2011 a lease for coal mines excavation at Darra Adam Khel was granted to one Saleem Khan son of Jan Badshah, who authorised the petitioner to perform mining operation in the granted area w.e.f. 15.11.2016. The petitioner installed heavy machinery and invested a huge amount over the mining operation. However, the respondent No.2 vide verbal order dated…

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