Case Details

Citation(s)
2010 SLG 296 2010 SLD 296 2010 PLD 510

Writ Petition No. 10809 of 2008, decided on 24th June, 2010. dates of hearing: 22nd, 28th April, 3rd, 23rd and 24th June, 2010

Ch. Amir Rehman for Petitioner. Khawaja Muhammad Haris, Advocate-General, Punjab, assisted by Muhammad Zubair Khalid, Additional Advocate-General, Shan Gul and Khawaja Salman Mahmood, Assistant Advocate Generals, Rao Manzar Hayat, Ex-Managing Director, Punjab Mineral Development Corporation

ARSHAD WAHEED

VS

PROVINCE OF PUNJAB and others

Law: Constitution of Pakistan, 1973

Section: 199(1)(c),199(1)(a)(ii),184,25

Law: Punjab Mining Concession Rules, 1986

Section: 42

Law: Punjab Mining Concession Rules, 2002

Section: 119

Law: Punjab Mineral Development Corporation Act, (XXXIII of 1975)

Section: 18,4(2),5(1),6(2)(b),2(a),5(1),19,18(2)( b),(c),18(2)(a),21(2)(a)(b)(c)(d)(e)(h)

(a) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Maintainability---Constitutional petition is not maintainable on the basis of apprehensions. Mian Muhammad Shahbaz Sharif v. Federation of Pakistan through Secretary, Ministry of Interior, Government of Pakistan, Islamabad and others PLD 2004 SC 583; National Steel Rolling Mills and others v. Province of West Pakistan 1968 SCMR 317(2), Messrs Nawaz Enterprises through Sole Proprietor and another v. Habib Bank Ltd. and 5 others 2007 CLD 952 and Liaqat Ali v. City Nazim and others 2003 MLD 1635 ref. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Maintainability---Joint Venture Agreement between petitioner and Provincial Government---Notice inviting the petitioner to a meeting with the Government---Contention of the petitioner was that Government had decided to terminate the Joint Venture Agreement and the proposed meeting was just a sham---Validity---Subject matter of the constitutional petition had emanated from a contract and the enforcement of the same did not confer legal character, so as to invoke the constitutional jurisdiction of High Court---Constitutional petition, held, was misconceived and was, therefore, not maintainable. Hazara (Hill Tract) Improvement Trust through Chairman and others v. Mst. Qaisra Elahi and others 2005 SCMR 678; Messrs Airport Support Services v. The Airport Manager Quaid-e-Azam International Airport, Karachi and others 1998 SCMR 2268; Messrs Ranma Pipe and General Mills (Pvt.) Limited v. Messrs Sui Northern Gas Pipe Lines (Pvt.) and others 2004 SCMR 1274; Brig. Muhammad Bashir v. Abdul Karim and others PLD 2004 SC 271; Malik Asad Ali v. Federation of Pakistan through Secretary, Law, Justice and Parliamentary Affairs, Government of Pakistan, Islamabad and 2 others 1998 SCMR 130; Dr. Muhammad Munir-ul-Haq and others v. Dr. Muhammad Latif Chaudhry and others 1992 SCMR 2135; Dr. Ashiq Muhammad and others v. Govt. of N.W.F.P.,, and others 2002 PLC (C.S.) 144; Bayindir Insaat v. Pakistan through Ministry of Communications and 3 others PLD 2001 Lah. 426; Network Television Marketing Ltd. v. Government of Pakistan and another…
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