Messrs M.Y. KHAN AND COMPANY and another vs DIRECTOR-GENERAL, — 1987 MLD 2581

Citation: 1987 MLD 2581

Court: Sindh High Court

Year: 1887

Decision Date: 1887-02-23

Parties: Messrs M.Y. KHAN AND COMPANY and another vs DIRECTOR-GENERAL, MARINE FISHERIES DEPARTMENT and another

Headnotes

Case cited as 1987 MLD 2581

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Zahoor-ul-Haq, Abdul Razzaq A. Thaim Title:Messrs M.Y. KHAN AND COMPANY and another vs DIRECTOR-GENERAL, MARINE FISHERIES DEPARTMENT and another Case No.: Constitutional Petition No,D-1224 of 1986 Date of Judgment:1887-02-23 Reported As: 1987 MLD 2581 Result: Petition dismissed Judgment ORDER ' MUHAMMAD ZAHOORUL HAQ, J.--We have heard Mr.Muhammad All Saeed, for the petitioner and Mr.Noorul Hassan, for the respondents. ' This petition has called into question the order passed on 30-10-1986 terminating the agreement entered into by the petitioner with the Government dated 5th December, 1983 and also terminating the Fishing Licence/permit issed to the petitioner in pursuance of the said contract. The learned counsel for the petitioner Mr. Muhammad Ali Saeed has argued that the respondents are bound to follow the rules contained in Exclusive Fishery Zone (Regulation of Fishing) Rules, 1978 and rule 7 allows the cancellation of the licences only on conviction for contravention or failure to comply with the provisions of the Act and these rules. ' The submission would have been justified if there had been a simple fishing licence issued to the petitioner in pursuance of Act XXXII of 1975 and the rules mentioned, above but the fishing licence issued to the petitioner was issued in pursuance of the contract dated 5-12-1983 which is an elaborate contract running into about 13 pages, and in Annexure 'A' various penalties are also…

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