| Citation(s) |
|---|
| 2001 SLG 3147 = 2001 SLD 3147 = 2001 CLC 466 |
Lahore High Court
Writ Petition No. 12285 of 1996, heard on 1st December, 2000.
Presented By: Syed Zahid Hussain, J
Aslam Hayat for Petitioner. Fauzi Zafar, Asstt. A.-G., Punjab for
Respondents.
Writ Petition No. 12285 of 1996, heard on 1st December, 2000.
Presented By: Syed Zahid Hussain, J
Aslam Hayat for Petitioner. Fauzi Zafar, Asstt. A.-G., Punjab for
Respondents.
Mrs. AZRA SUALEH---Petitioner
VERSUS
GOVERNMENT OF PUNJAB IN MINERAL DEVELOPMENT DEPARTMENT through Secretary, Industries and Mineral Development, Civil Secretariat, Lahore and 3 others---Respondents
Law: Punjab Mining Concession Rules, 1986
Section: 15
Law: Constitution of Pakistan, 1973
Section: 199
(a) Punjab Mining Concession Rules, 1986 R. 15---Priority---Rule .of first come first served ---Applicability-- Authorities have discretion to ignore the rule under the provision of R.15 of Punjab Mining Concession Rules, 1986. Messrs Kohinoor Aluminium v. Province of East Pakistan and others PLD 1969 Dacca 293 and Government of Pakistan through Secretary, Ministry of Commerce and another v. Zamir Ahmed Khan PLD 1975 SC 667 ref. (b) Punjab Mining Concession Rules, 1986 S. 15---Constitution of Pakistan (1973), Art.199---Constitutional petition---Priority in grant of licence---Rule of first come first served-- Applicability---Grievance of the petitioner was that she had applied earlier but ignoring her application the licence of disputed mines was given to the respondents---Validity---Authorities had reason to ignore the rule of priority and preferential treatment---Licence was granted to public sector organization fully equipped to undertake the requisite prospecting/developing work who had ambitious plan for the purpose---Where the non-grant of the licence to the petitioner had valid foundation, as such the same was not arbitrary or unreasonable in any way---Petitioner could neither compel the Authorities for grant of the licence, nor any direction could be issued---Petition was dismissed in circumstances. Date of hearing: 1 st December, 2000. JUDGMENT . An application for the grant of prospecting licence made by the petitioner was rejected on 8-1-1996 by respondent No.2, where against an appeal was filed by the petitioner which was dismissed by respondent No. lā¦