Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Petroleum (Refining Blending and Marketing) Rules, 1971

Section: 44,43A,2

Law: Code of Criminal Procedure (CrPC), 1898

Section: XXII

SUMMARY

Writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, is only competent when no alternate or efficacious remedy is provided under the law. However, availability of an alternative adequate and effective remedy would not impair the High Court's authority to consider a constitutional petition under Article 199 of the "Constitution" where the sole question for decision-making is whether the Court's discretion should be used in a given case under the relevant circumstances. If the matter involved in a writ petition falls within the purview of Article 199(1)(a) of the "Constitution", then writ petition is fully competent and maintainable before the High Court. After promulgation of the Oil and Gas Regulatory Authority Ordinance, 2002 and making as well as approval of the Pakistan Oil (Refining, Blending, Transportation, Storage and Marketing) Rules, 2016, the Deputy Commissioner of a district was not authorized to seal the business premises of the petitioner or impose any penalty upon him in terms of Rule 44 of the Pakistan Petroleum (Refining, Blending and Marketing) Rules, 1971, as these rules have already been overridden by the provisions contained in the Oil and Gas Regulatory Authority Ordinance, 2002 as well as the Pakistan Oil (Refining, Blending, Transportation, Storage and Marketing) Rules, 2016.

ORDER