2021 PLP 1325 (MLD)
KHYBER PAKHTUNKHWA TEXTILE MILLS ASSOCIATION — Petitioner Versus FEDERATION OF PAKISTAN through Secretary Ministry of Petroleum and National Resources and others — Respondents
| Citation | 2021 PLP 1325 (MLD) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | KHYBER PAKHTUNKHWA TEXTILE MILLS ASSOCIATION — Petitioner Versus FEDERATION OF PAKISTAN through Secretary Ministry of Petroleum and National Resources and others — Respondents |
| Primary Law | Oil and Gas Regulatory Authority Ordinance (XVII of 2002) |
Q1: What are the key laws and sections cited in 2021 PLP 1325 (MLD)?
This judgment primarily cites: Oil and Gas Regulatory Authority Ordinance (XVII of 2002) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2021 PLP 1325 (MLD)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2021 PLP 1325 (MLD) (KHYBER PAKHTUNKHWA TEXTILE MILLS ASSOCIATION — Petitioner Versus FEDERATION OF PAKISTAN through Secretary Ministry of Petroleum and National Resources and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Barrister Ibrahim Khan Afridi for Petitioner.
Headnotes / Summary
Ss.3, 6 & 13
Adjudication by Regulatory Authorities
Scope
Petitioners sought restraining Gas Utility Companies from issuing an GIDC installment bills to petitioners, before adjudication on the matter before Oil and Gas Regulatory Authority ("OGRA") was complete and furthermore, sought direction to Federal Government to appoint members to the vacant position of OGRA
Held, that since during pendency of the present petition, Federal Cabinet approved appointment of new Chairman OGRA, and thus OGRA which became functional as a result of such appointment, thus petitioners could pursue the matter before OGRA
Constitutional petitions were disposed of, accordingly.
Judgment & Decree
IJAZ ANWAR, J.
The instant as well as the connected Writ Petitions No. 5082-P/2020 "Messrs Amin Soap and Industries (Pvt.) Ltd. v. Federation of Pakistan and others", No. 4753-P/2020 "Shan CNG and others v. Federation of Pakistan and others", No. 4590-2020 "Royal Textile Mills Limited and others v. Federation of Pakistan and others" and No. 5384-P/2020 "Khazana Sugar Mills (Pvt.) Ltd. v. Federation of Pakistan and others" have been filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 wherein petitioners have prayed for issuance of a writ to the following effect. "i. Issue a writ of prohibition in perpetuity restraining the official respondents from issuing any such GIDC Installment Bills prejudicing the rights of petitioner herein, until the matter before OGRA is adjudicated upon. ii. Direct the appointing authority to appoint the requisite members to the vacant-positions in accordance with law as per the OGRA Ordinance, 2002. iii. Any other relief not specifically asked for may also be allowed in the circumstances of the case."
2. Today, when all the cases were taken up for hearing, we called upon the learned Additional Attorney General about the non-functioning of Oil and Gas Regulatory Authority where the petitions/complaints of the petitioners are pending. It was stated that the Chairman of the Authority has since been appointed, however, petitioner raised objection that the appointment so made is on acting charge basis vide notification dated 10.2.2020 and that the Acting Chairman cannot perform the statutory functions as provided under the Oil and Gas Regulatory Ordinance, 2002. Learned AAG sought some time to confirm the same from respondents. He, after some time appeared and produced office memorandum dated 10.2.2021 whereby the Federal Cabinet has approved proposal for appointment of one Mr. Masroor Khan as Chairman Oil and Gas Regulatory Authority for a tenure of 4 years. Similarly, the matter is referred to the Establishment Division for issuance of formal notification. When the case of petitioners is pending before the OGRA and the OGRA has become functional on the appointment of its Chairman, as such, this and the connected petitioners cannot be proceeded any further.
3. In view of the above, this and the connected petitions are disposed of with direction to pursue their petitions before the OGRA. KMZ/66/P Order accordingly.