Law:

Section:

Easements Act (V of 1882)--S. 52---Constitution of Pakistan (1973). Arts. 199 & 185(3)---Entitlement to renewal of catering licence---Petitioner claimed that in view of policies framed by Railways in 1970 and 1992, he was entitled to renewal of catering licence for another three years which was illegally refused by Authorities---Policies relied upon by petitioner, however, were not placed on record, therefore, it was not ascertainable whether in terms of policies, petitioner was entitled as of right to further renewal of licence earlier granted to him or the same vested in discretion of Authorities---High Court, however, had found that according to policy instructions relied upon by petitioner, it was within discretion of Authorities to renew such licence or to decline renewal---High Court had rightly concluded that writ of mandamus could not be issued to Authorities for renewal of petitioner's licence and that too after expiry of period of original grant---Relief in Constitutional jurisdiction being discretionary, High Court had rightly dismissed Constitutional petition on the ground that petitioner did not approach High Court immediately on expiry of period of licence nor soon after grant of licence to respondents---No interference was warranted in of High Court--­Leave to appeal was refused in circumstances. M.A. Naser v. Chairman, Pakistan Eastern Railways and others PLD 1965 SC 83 and Government of Pakistan through Secretary, Ministry of Commerce and another v. Zamir Ahmad Khan PLD 1975 SC 667 ref. M.A. Ghani, Advocate instructed by Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Saleem Shahnazi, Advocate and Mirza Masudur Rehman, Advocate for Respondents Nos. 1 to 3. Sh. Salahuddin, Advocate-on-Record for Respondent No.4. Date of hearing: 9th December, 1996. ORDER ZIA MAHMOOD MIRZA, J.---Petitioner Company seeks leave to appeal against the judgment of a learned Division Bench of the Lahore High Court, Lahore, dated 5-5-1996 dismissing its Writ Petition No. 1070 of 1996 which was filed against the orders of Railways Authorities dated 12-7-1995 and 1-10-1995 granting catering licences of 7-Up/8-Dn Tezgam (one Rake) to respondents No.4 to 6. 2.…

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