Law: Petroleum Rules, 1937

Section: 115(3)

Law: General Clauses Act, 1897

Section: X,21,24A

(a)    Petroleum Rules, 1937-------R.115(3)---General Clauses Act (X of 1897), S.21---Public functionaries--Speaking order---Grant of license for installation of retail outlet/petrol pump--Petitioner after obtaining requisite NOCs from Government Departments sought change of Oil Marketing Company---Respondent-authority while passing the impugned order denied the request of the petitioner with the requirement of obtaining fresh NOCs---Validity---Respondent-authority while passing the order had not referred to any rules whatsoever and straightway directed to furnish fresh report/NOCs without giving any valid lawful reasons---Impugned order did not fulfill the requirements of a speaking order within the contemplation of S.24-A of the General Clauses Act, 1897, which binds the public functionaries to dilate upon all aspects of the matters presented before them, while determining rights of the parties and decide the same after application of mind, assigning cogent reasons and pass speaking orders---Constitutional petition was allowed, in circumstances with a direction to respondent-authority to decide the matter strictly in accordance with law and rules through a speaking order.(b)    General Clauses Act (X of 1897)-------S.21---Public functionaries---Speaking order---Scope---Public functionaries are bound to dilate upon all aspects of the matters presented before them, while determining rights of the parties, and decide the same after application of mind, assigning cogent reasons and passing speaking orders.ORDERMUHAMMAD SAJID MEHMOOD SETHI, J.---Through instant petition, petitioner has challenged order dated 30.11.2021, passed by respondent No.2/Deputy Commissioner, Faisalabad, whereby petitioner's request for change of Oil Marketing Company from M/s Askar Oil Company Pvt. Limited to M/s Gas and Oil Pakistan Pvt. Limited for the purpose of installation of retail outlet/Petrol Pump, was not acceded to rather fresh report/NOCs were sought.2.    Brief facts of the case are that petitioner being owner of the land fully detailed in Para No.1-A of instant petition, approached the Oil Marketing Company ("OMC")…