Case Details

Citation(s)
2007 SLG 1611 2007 SLD 1611 2007 PLD 386
Supreme Court of Pakistan
Civil Appeal No.210 of 2004 out of Civil Petition No.94-Q of 2003, decision dated: 15-12-2006
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., JAVED IQBAL, ABDUL HAMEED DOGAR, MIAN SHAKIRULLAH, JAN AND SAIYED SAEED ASHHAD, JJ
Shahid Hamid, Senior Advocate Supreme Court.

PROVINCE OF BALOCHISTAN through Secretary Excise and Taxation Department, Civil Secretariat, Quetta and 2 others

VS

MURREE BREWERY COMPANY LTD. through Secretary-

Law:

Section:

(a) Constitution of Pakistan (1973)--- ---Art. 199(1)---Constitutional jurisdiction of High Court, invoking of---Principles---Held, it is sine qua non for invoking jurisdiction of High Court through Constitutional petition that petitioner must be an aggrieved person and he must have a locus standi for availing such jurisdiction. (b) Constitution of Pakistan (1973)--- ----Art. 199 (1)(a)---"Aggrieved party"---Defined. Messrs Associated Cement Companies Ltd. v. Pakistan, through the Commissioner of Income Tax, Lahore Range, Lahore and 7 others PLD 1978 SC 151; Nisar Ahmed and 2 others v. Additional Secretary, Food and Agriculture, Government of Pakistan and 3 others 1979 SCMR 299; Anjuman Araian Bhera v. Abdul Rashid and others 1982 PSC 888; Mst. Noor Jehan Begum v. Dr. Abdus Samad and others 1987 SCMR 1577; Mian Muhammad Nawaz Sharif v. Federation of Pakistan through Secretary, Ministry of Defence, Government of Pakistan, Islamabad and 8 others 1994 CLC 2318 and Dalmia Cement Ltd. v. District Local Board, Karachi and 2 others PLD 1958 (W.P.) Karachi 211 rel. (c) Balochistan Excise Regulations (I of 1915)--- ----S. 62---British Balochistan Foreign Liquor and Country Spirit Rules, 1947, R.4 (4) [as amended by Notification No. SO (E&T) 234-Tax/99/769-78, dated 20-8-1999]---Supreme Court Rules, 1980, O.XXVIII, R.3----Constitution of Pakistan (1973), Art. 199 (1)---Constitutional petition before High Court----Maintainability---Locus standi---Imposing special costs---Provincial Government imposed import fee on all supplies of liquor to Balochistan from other Provinces---Respondent company based in another Province was aggrieved of' the notification on the ground that Notification No. SO (E&T)234-Tax/99/769-78, dated 20-8-1999, issued by Balochistan Government had placed the respondent at disadvantageous position as compared to companies situated in Balochistan---High Court, in exercise of Constitutional jurisdiction allowed the petition filed by respondent and declared the notification as without lawful authority--.-Plea raised by authorities was that respondent was not an aggrieved person under Art. 199 (1) of the Constitution hence had no locus standi to…
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