1995 PLP 1083 (MLD)
SAIFULLAH KHAN and others‑‑‑Petitioners Versus COLLECTOR, BAHAWALPUR DISTRICT and others‑‑‑Respondents
| Citation | 1995 PLP 1083 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Amir Malik, J |
| Parties | SAIFULLAH KHAN and others‑‑‑Petitioners Versus COLLECTOR, BAHAWALPUR DISTRICT and others‑‑‑Respondents |
| Primary Law | (a) Punjab Minor Minerals Concession Rules, 1990 |
Q1: What are the key laws and sections cited in 1995 PLP 1083 (MLD)?
This judgment primarily cites: (a) Punjab Minor Minerals Concession Rules, 1990 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995 PLP 1083 (MLD)?
The case was heard and decided by the Lahore bench comprising: Muhammad Amir Malik, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995 PLP 1083 (MLD) (SAIFULLAH KHAN and others‑‑‑Petitioners Versus COLLECTOR, BAHAWALPUR DISTRICT and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sardar Muhammad Aslam Khan for Petitioners.
- Muhammad Ozair Chughtai for Respondents Nos. 2 to 4.
- S.M. Rizvi, A. A. G. for Respondent No.5.
Headnotes / Summary
Constitution of Pakistan (1973) Art‑199 ‑‑‑Non‑exercise of power by Government under enabling provision of statute‑‑‑Effect‑‑‑Sand extraction from bed of the river‑‑‑Government was empowered to fix price for sale of ordinary sand extraction from the bed of the river which had been leased out‑‑ . Government was although empowered to fix price of sand in question but provision giving such powers being enabling one and not mandatory would not enure for the benefit of petitioner or of any citizen to claim that rate in question must be fixed‑‑‑Non‑exercise of power in an enabling provision of law would not be called in question, in Constitutional jurisdiction of High Court. (b) Constitution of Pakistan (1973)‑ ‑‑‑‑Art.199‑‑‑Constitutional jurisdiction of High Court‑‑‑Scope‑‑‑Non‑exercise of power in an enabling provision of law would not be called in question, in Constitutional jurisdiction of High Court.
Judgment & Decree
(b) Constitution of Pakistan (1973)‑ ‑‑‑‑Art.199‑‑‑Constitutional jurisdiction of High Court‑‑‑Scope‑‑‑Non‑exercise of power in an enabling provision of law would not be called in question, in Constitutional jurisdiction of High Court. Sardar Muhammad Aslam Khan for Petitioners. Muhammad Ozair Chughtai for Respondents Nos. 2 to
4. S.M. Rizvi, A. A. G. for Respondent No.5. Saifullah Khan, etc. Petitioners have filed this petition against the Collector, Bahawalpur etc., the respondents for issuance of a direction to fix the rate for the sale of ordinary sand extracted from the bed of river Satluj which has been leased out/contracted to Muhammad Bashir, respondent No.4.
2. The relevant comments are filed by the Secretary to the Government of Punjab, Industries and Mineral Development Department, respondent No.5. He has submitted that the Punjab Government has not exercised the powers under the Punjab Minor Minerals Concession Rules, 1990. These Rules have been framed under sections Nos.2 and 5 of the Regulation of Mines and Oil Fields and Mineral Development (Government Control) Act, 1948. Under the Act and the rules the Government may fix the price but it is an enabling provision and not mandatory and so does not enure for the benefit of the petitioners or for that matter any citizen to claim that the rate, in any case, must be fixed.
3. There is no force in the writ petition which stands dismissed. N.H.Q./673/L Writ petition dismissed.