1997 PLP 1208 (SCMR)
GHULAM MUHAMMAD TIWANA‑‑‑Petitioner Versus SECRETARY, GOVERNMENT OF PUNJAB, INDUSTRIES & MINERAL DEVELOPMENT DEPARTMENT and 8 others‑‑‑Respondents
| Citation | 1997 PLP 1208 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saad Saood Jan, Muhammad Munir Khan and Mir Hazar Khan Khoso, JJ |
| Parties | GHULAM MUHAMMAD TIWANA‑‑‑Petitioner Versus SECRETARY, GOVERNMENT OF PUNJAB, INDUSTRIES & MINERAL DEVELOPMENT DEPARTMENT and 8 others‑‑‑Respondents |
Q1: What are the key laws and sections cited in 1997 PLP 1208 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997 PLP 1208 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saad Saood Jan, Muhammad Munir Khan and Mir Hazar Khan Khoso, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997 PLP 1208 (SCMR) (GHULAM MUHAMMAD TIWANA‑‑‑Petitioner Versus SECRETARY, GOVERNMENT OF PUNJAB, INDUSTRIES & MINERAL DEVELOPMENT DEPARTMENT and 8 others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Maqbul Elahi Malik, Senior Advocate Supreme Court and K.M. Ahmad, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 23rd October, 1995.
Headnotes / Summary
(From the judgment/order of Lahore High Court, Lahore, dated 16‑8‑1995 in Writ Petition No.8562 of 1994). Pakistan Mining Concession Rules, 1960‑‑‑ ‑‑‑‑R. 21‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Prospecting rights in respect of coal over specified area‑‑‑Grant of licence was to be governed by rule of "first come first served" basis‑‑‑Authorities granted licence to petitioner on assumption that licence of previous lessee expired on 15‑6‑1989 at 12‑30 p.m. and that after expiry of previous licence, petitioner's application was the first in time‑‑‑Authorities in doing so, disregarded application of respondent which had been filed three and half hours earlier for the reason that it had been made when licence granted to previous licensee had not yet expired‑‑‑High Court found that licence of previous licensee should be deemed to have expired at midnight on 15‑6‑1989; thus application of petitioner should be treated to have been made at that time when previous licensee's licence had not yet expired and that respondent was the first person to apply for licence after expiry of previous licence, therefore, he alone was entitled to grant of licence on "first come first served" basis‑‑‑Validity‑‑‑Petitioner claimed that previous licence had expired in 1987‑‑‑Petitioner in support of such assertion made reference to note prepared by Departmental Authorities and that application which petitioner presented on 12‑6‑1989 must be regarded to be the first in point of time‑‑‑Contention raised by petitioner would need examination‑‑Leave to appeal was granted in circumstances.
Judgment & Decree
SAAD SAOOD JAN, J. ‑‑‑The dispute between the parties relates to the prospecting rights in respect of coal over 1065 acres in and around village Kalial Khushab. The prospecting licence was held by M/s Badar Sons prior to the period in dispute. The Industries and Mineral Development Directorate was not prepared to renew this firm's licence presumably on the ground of unsatisfactory performance. Five applications were made for the grant of the licence. These applications were:‑ S.No. Name of applicant with Date & time of Receipt of Application No. Application
1. Mr. Ghulam Muhammad Tiwana, 12‑6‑1989 43‑Tiwana Park, Sargodha, 11.30 a.m. APP. KHB. COAL (555)
2. Mr. Amir Akbar, 15‑6‑1989 57‑A, Block=L, Gulberg‑III, Lahore. 10.30 a.m. APP. KHB. COAL (556) ‑
3. Malik Ghulam Muhammad Tiwana, 15‑6‑1989 43‑Tiwana Park, Sargodha, 2.00 p.m. APP. KHB. COAL (557)
4. Mr. Amir Akbar, 17‑6‑1989 57‑A, Block‑L, Gulberg‑III, Lahore. 8.00 a.m. APP. KHB. COAL (558)
5. M/s Muhammad Amin Brothers (Pvt.) 23‑11‑1989 Ltd., State 'Life Building Square, 10.00 a.m. Karachi APP. KHB. COAL (570)
2. The grant of the licence is governed by the rule of 'first come first served''. The petitioner was member of the Provincial Assembly at the relevant time. On the assumption that the licence given to M/s Badar Sons expired on 15‑6‑1989, at 12‑30 p.m., the Directorate granted the licence to the petitioner on the ground `that after the expiry of the previous licence held by M/s Badar Sons his application was first in time. In doing so it disregarded the application of Amir Akbar which had been filed three and a half hours earlier for the reason that it had been made at a time when the licence granted to M/s Badar Sons had not yet expired.
3. Amir Akbar filed a Constitution petition in the High Court to call in question the preference given to the petitioner in the granting of the licence. A learned Single Judge accepted the Constitution petition, holding that the licence held by M/s Badar Sons should be taken to have expired at mid night on 15‑6‑1989; thus, the application of the petitioner should be treated to have been made at a time when the licence of M/s. Badar Sons had not yet expired; as Amir Akbar was the first person to apply for the licence after the expiry of the previous licence it was he who was entitled to the grant of licence on the first come first served basis. The petitioner seeks leave to appeal from the judgment of the High Court.
4. In support of this petition it is contended that the licence of the previous licensee, namely, M/s Badar Sons had expired in 1987. In this connection reference has been made to a note prepared by the departmental authorities; that leaving the petition, it is urged, that the application which the petitioner made on 12‑6‑1989 has to be regarded the first in point of time consequently, the learned Single Judge erred in holding that Amir Akbar was first in the field.
5. The contention raised in support of this petition needs examination, Leave to appeal is granted. The operation of the judgment of the High Court shall remain suspended during the pendency of the appeal. A.A./G‑567/S Leave granted