Case Details

Citation(s)
2018 SLG 1265 2018 SLD 1265 2018 CLC 896
Sindh High Court
Civil Revision Application No. 5, C.M.A. No. 895 and M.A. No,45 of 2017, decided & hearing on 1-6- 2017.
ZULFIQAR AHMAD KHAN, JUSTICE
Arbab Ali Hakro for Applicant.

LAKHRA COAL DEVELOPMENT COMPANY LTD. THROUGH MANAGING DIRECTOR

VS

PROVINCE OF SINDH THROUGH CHIEF SECRETARY AND ANOTHER

Law:

Section:

Sindh Mining Concession Rules, 2002--- ----Rr. 48 & 59---Specific Relief Act (I of 1877), S. 54---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Extension of lease---Interim injunction, grant of---Plaintiff company was holding a lease of a coal mine in its favour which was cancelled by the authorities---Plea raised by plaintiff was that lease was improperly cancelled in violation of R.59 of Sindh Mining Concession Rules, 2002---Validity---Plaintiff company made application for extension of lease and under R.48 of Sindh Mining Concession Rules, 2002, authority rested with Provincial Government to refuse, withdraw or grant extensions---Violations of terms of lease agreement were alleged wherefrom conduct of plaintiff was exposed not only with regard to having failed to enter into proper lease alone, rather selling coal to open market when coal was to be provided to WAPDA for power generation to an energy starved nation---Neither on merits nor prima facie right, balance of convenience or on anticipated exposure to irreparable loss, there was any ground existed to differ from findings rendered by two courts below---High Court declined to interfere in concurrent findings of two courts below as no ground was made under S.115, C.P.C.---Revision was dismissed in circumstances. THIS ORDER PASSED BY: ZULFIQAR AHMAD KHAN, J.- Through this application, the applicant who admittedly is a contractor of M/s. Lakhra Coal Development Company (LCDC) has requested for being added as party to the instant Revision Application. Undoubtedly, applicant's relationship is solely governed through a master and servant arrangement between LCDC and itself. In the given controversy where dispute is over the land granted to the Applicant and the question posed is whether LCDC's lease expired after the lapse of the term of 30 years or it was terminated which issue is solely is between the lessee and lessor. I therefore, do not find that the intervenor is either necessary or a proper party. The application being meritless is accordingly refused. The counsel has attempted to produce certain orders passed by the District Judge where he was made a party in the litigation pending…
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