Law: Khyber Pakhtunkhwa Mines and Minerals Act (XXXVI of 2017)

Section: 78(3)

Khyber Pakhtunkhwa Mines and Minerals Act (XXXVI of 2017)-------S.78(3)---Minor mineral blocks---Granting of lease---Reserve price---Object, purpose and scope---Petitioner contractor was aggrieved of grant of lease by Khyber Pakhtunkhwa Mines and Minerals Appellate Tribunal to respondent contractor despite offering less than reserve price---Validity---Purpose of fixation of reserve price in proclamation is that the right and interest of government is safeguarded and bid has to be started from the figures mentioned in reserve price--Whatever authorities had represented to general public while putting minor minerals for auction was to be followed in letter and spirit---In case at some later stage Authorities find that reserve price is exorbitant and not reasonable then area of minor minerals should be re-auctioned, with reduced reserve price or even through open auction without mentioning reserve price if law / rules permit---High Court set aside the order passed by Khyber Pakhtunkhwa Mines and Minerals Appellate Tribunal, as the same was without jurisdiction and was passed without adhering to 'reserve price' mentioned in advertisement--Khyber Pakhtunkhwa Mines and Minerals Appellate Tribunal deviated from rules / law by allowing appeal filed by respondent contractor---High Court restored the order passed by Licensing Authority for re-auction of lease in question---Constitutional petition was allowed accordingly.Business Dictionary.com <http://Dictionary.com> and Messrs Lanvin Traders, Karachi Presiding Officer, Banking Court No.2, Karachi and others 2013 SCMR 1419 ref.Date of hearing: 19th December, 2022.JUDGMENTIJAZ ANWAR, J.----The instant writ petition has been filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 with the following prayers:"It is therefore respectfully prayed that on acceptance of this writ petition, the Hon'ble Court may please.i.    Declare the impugned order dated 20.10.2022 passed by the Hon'ble KP Mine and Minerals Appellate Tribunal, Peshawar (In Appeal No.SO(Appeal) MDD/309-ML/2022 as illegal, unlawful and ineffective upon the rights of the…