| Citation(s) |
|---|
| 2019 SLG 231 2019 SLD 231 2019 YLR 20 |
Balochistan High Court
C.Ps. Nos. 151, 157, 158 of 2011, Contempt Application No.22 of 2016 in C.P. No. 157 of 2011 and C.P. No. 444 of 2012,decision Dated: 27-11-2017. Hearing Dated: 30-10-2017.
MUHAMMAD EJAZ SWATI, JUSTICE ABDULLAH BALOCH, JUSTICE
Petitioner(s) by: Muhammad Aslam Chishti and Talat Waheed (in C. P. No. 151 of2011). Syed Ayaz Zahoor (in C.P. No.157 of 2011) and (Contempt Application No.22 of 2016). Syed Ayaz Zahoor (in C.P. No.158 of 2011). Muhammad Aslam Chishti (in C.P. No.444 of 2
C.Ps. Nos. 151, 157, 158 of 2011, Contempt Application No.22 of 2016 in C.P. No. 157 of 2011 and C.P. No. 444 of 2012,decision Dated: 27-11-2017. Hearing Dated: 30-10-2017.
MUHAMMAD EJAZ SWATI, JUSTICE ABDULLAH BALOCH, JUSTICE
Petitioner(s) by: Muhammad Aslam Chishti and Talat Waheed (in C. P. No. 151 of2011). Syed Ayaz Zahoor (in C.P. No.157 of 2011) and (Contempt Application No.22 of 2016). Syed Ayaz Zahoor (in C.P. No.158 of 2011). Muhammad Aslam Chishti (in C.P. No.444 of 2
MALIK MUSTAFA AND 6 OTHERSVSSECRETARY, MINES AND MINERALS, GOVERNMENT OF BALOCHISTAN, QUETTA AND 4 OTHERS
Law: Constitution of Pakistan, 1973
Section: 199
Constitution of Pakistan--- ----Art. 199---Constitutional petition---Factual controversy---Opportunity of hearing---Dispute between parties was with regard to mining leases and distribution of shares among family member during partition proceedings---Validity---Controversial questions of facts were raised by petitioners with regard to leases in question and the same were not addressed on merits---Proper opportunity of hearing was not afforded to petitioners, therefore, disputed aspects of the matter including notifications in question required determination by authorities after providing opportunity to parties concerned---High Court set aside notifications in question and remanded the matter to authorities for decision afresh with direction to the parties to appear before the authorities---Constitutional petition was allowed accordingly. THIS JUDGMENT DELIVERED BY: ABDULLAH BALOCH, J.--- Through this common judgment, we intend to dispose of Constitutional Petition No. 151 of 2011, Constitutional Petition No. 157 of 2011 along with contempt application No.22 of 2016, Constitutional Petition No. 158/2011 and Constitutional Petition No.444/2012, as common questions of facts and law are involved in all petitions. Facts of C.P. No.151 of 2011. 2. According to the contents of petition, the petitioner No.1 is the son of late Malik Mir Hassan, while petitioners Nos.2 to 7 are the successors in interest of late Malik Mir Hazar Khan son of late Malik Mir Hassan; that the predecessor of petitioners had owned two business entities namely Messrs Green Marbles Works (Pvt.) Ltd. and Messrs Malik Mir Hassan Khan and Company, which had been granted certain marble leases, details are as under: i. Messrs Green Marbles Works (Pvt.) Ltd. bearing Allotment No.ML-Marble (8), measuring 71.22 Acres situated at near Zard Kan District Chagai; ii. Messrs Green Marble, bearing allotment No.ML-Marble (1479), measuring 50.00 Acres in Mashkeecha District Chagai; iii. Messrs Malik Mir Hassan Khan and Co., bearing ML-Marble (1417), measuring 150.00 acres near Jhully District Chagai: 3. It has further been averred in the petition that due to family partition in view of Arbitration Award/Decree…
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