Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: Khyber Pakhtunkhwa Textile Mills Association VS Respondent: Federation Of Pakistan JUDGMENT
Court Name: Peshawar High Court Judge(s): Ijaz Anwar, Syed Arshad Ali Title:Khyber Pakhtunkhwa Textile Mills Association vs Federation Of Pakistan
JUDGMENT
Reported As: 2021 MLD 1325 Result: Order accordingly Judgment JUDGMENT IJAZ ANW AR, 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 ef fect. "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 statu tory 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
---
## Page 2
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 A 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.