Law:

Section:

Petroleum Rules, 1985-------R. 130---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Issuance of No-Objection- Certificate---Withdrawal---Petitioner who was leased out land by Board of Revenue for a period of five years for installation of petrol pump on that land, was issued "No-Objection Certificate" by Deputy Commissioner on receiving favourable comments of Authorities and Departments concerned---Petitioner after issuance of "No Objection Certificate", started construction of petrol pump and spent huge amount on the construction---During construction, Deputy Commissioner who earlier had issued "No-Objection Certificate",. issued notice to withdraw "No-Objection Certificate" on objection of certain Department ---Validity--­Authority, no doubt, had power to vary, rescind or withdraw an order, but that right or power was a qualified power before certain rights had been created in favour of a party---Petitioner who was issued "No-Objection Certificate" a year prior to issuance of notice of withdrawal had started construction and major part of petrol pump was complete---Deputy Commissioner, in circumstances, had' no authority to rescind or withdraw "No-Objection Certificate" issued to petitioner. Pakistan through the Secretary, Ministry of Finance v. Muhammad Hamayatullah Farukhi PLD 1969 SC 407; Burmah Shell Oil Storage and Distributing Co. Pakistan Ltd. and another v. The Deputy Commissioner (District Magistrate), Karachi Law Notes 1969 SC 25 and Haji Ferozedin v. The District Magistrate, Lahore and another 1995 SCMR 705 ref. Malik Noor Muhammad Awan and Syed Iqbal Hussain' for Petitioner. Dr. M. Mohyuddin Qazi for Petitioner (in W.P. No. 28742 of 1997) Muhammad Nawaz Bhatti, Addl. A.-G., Zubair Masood, D.C., Muhammad Bashir Nasir, XEN. Highway and Sardar Noor Khan, EAC (R), Mianwali with Record for Respondents. Date of hearing: 8th October, 1998. JUDGMENT This judgment shall dispose of Writ Petitions No. 26208 Amjid Ali Khan Niazi v. The Deputy Commissioner, Mianwali etc. and 28742 Haji Zia Ullah Khan v. M/s. Shell Pakistan Ltd. and others of 1997 and Criminal Original No. 133-W/98 Haji Zia Ullah Khan v. Amjid Ali Khan Niazi as they raise…

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