| Citation(s) |
|---|
| 1967 SLD 323 = 1967 PLD 607 |
Petition No. 187 of 1966, decided on 6th June 1966.
Salahuddin Ahmed and A. M. Sayem, JJ
Haji GHULAM SABIR-Petitioner
VERSUS
PAN ALLOTMENT COMMITTEE AND ANOTHER Respondents
Law:
Section:
SALAHUDDIN AHMED, J.-On an application under Article 98 of the Constitution, this Rule nisi has been issued on respondent No. 1 only, viz., Pan Allotment Committee, to show cause why certain public notice published in the `Pakistan Observer', Dacca, dated the 21st of April 1966 (Annexure 'F' to the petition) 'should not be declared to have been made without any lawful authority and of no legal effect. The petitioner is a resident of West Pakistan and his case is that he is a bona fide merchant carrying on wholesale trade in betel leaf (Pan) since the year 1917. Ever since December 1959, he has been applying in vain to the Pakistan International Airlines Corporation (hereinafter called the PIAC) for allotment of air space for carriage of Pan from East to West Pakistan. In response to several reminders and representations to the PIAC, the petitioner was informed by PIAC, Karachi, by their letter dated the 2nd of August 1961 that the allocation of air space was not in the hand of the PIAC and that it was controlled by Pan Allotment Committee, Dacca ( hereafter called the Committee) consisting of representatives of the Central and Provincial Governments and of the Martial Law Authority in East Pakistan (Annexure `A' to the Petition). By another letter dated the 29th of September 1961 (Annexure `B' to the petition), the petitioner was informed by the Area Manager (East), PIAC, Dacca that the Committee had decided, in its meeting held on the 25th September 1961, that the petitioner's application for space quota would be considered when fresh allotments would be made for the year 1963. The matter rested there, and in spite of further representations made by the petitioner-the last of such represen tation having been made in the year 1963-the petitioner filed to receive any favourable response to his application for allotment of space in the PIAC for transport of Pan from East to West Pakistan. Finally, a notice issued by the Committee appeared in `Pakistan Observer', Dacca dated the 21st April 1966 (Annexure `F' to the Petition), which is as follows: "Applications are invited for allotment of very limited Pan…