Law:

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Constitution of Pakistan (1973)-----Art.185(3)--Mining licence--Application for restoration of prospecting licence, regarding area which was included in application of appellant, which had already been favourably considered by Mining Committee, granted by Secretary, Industries, Government of Baluchistan, without hearing appellant--Parties agreeing that Secretary, Industries should have afforded an opportunity of hearing to appellant when disposing of his application and further agreeing to a consent order to effect that appeal be allowed and entire case be sent to Secretary, Industries who would ignore his previous order and decide matter afresh after affording an opportunity of hearing to both parties--Supreme Court ordering accordingly. Azizullah Memon, Advocate Supreme Court and Muhammad Munawar Mirza, Advocate-on-Record (absent) for Appellant. M. Yousuf, Assistant Advocate-General Baluchistan and Mir Hazar Khan Khoso, Advocate-on-Record (absent) for Respondents Nos. 1 and 2. Respondent No.3 in person. Date of hearing: 9th April, 1985. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.--This appeal, is directed against the judgment, dated 15-7-1981 of the Baluchistan High Court, is through leave of this Court, which was granted to examine the question; whether in the facts and circumstances of this case the appellate authority concerned violated principles of natural justice when allowing the respondents' appeal by order, dated 15-8-1979 without hearing the appellant. The facts and circumstances giving rise to the appeal are as follows: Abdul Qadir appellant made an application for prospecting licence for an area nearly of 500 Acres in District Kalat in February, 1978. This area included about 260 Acres for which earlier a prospecting licence had been granted to third respondent Sardar Zada Dost Muhammad, but the same was cancelled in July, 1976 by the Joint Director Mineral Development. The applicant's request for the licence came up for consideration before a Mining Committee which gave a decision in his favour on 13-3-1979. It is contended by the learned counsel that although technically speaking this was not a final decision and .a further formality had to be gone…

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