Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: GHULAM MUHAMMAD TIWANA VS Respondent: SECRETARY, GOVERNMENT OF PUNJAB, INDUSTRIES & MINERAL DEVELOPMENTDEPARTMENT And 8 Other
Court Name: Supreme Court of Pakistan Judge(s): Mir Hazar Khan Khoso, Saad Saood Jan, Muhammad Munir Khan Title:GHULAM MUHAMMAD TIWANA vs SECRETARY, GOVERNMENT OF PUNJAB,
INDUSTRIES & MINERAL DEVELOPMENTDEPARTMENT And 8 Other Case No.:Civil Petition for Leave to Appeal No. 1105-L of 1995Writ Petition No.8562 of 1994 Date of Judgment:1995-10-23 Reported As: 1997 SCMR 1208 Result: Leave granted Judgment ORDER 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 No. ApplicationDate & the of Receipt of 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
---
## Page 2
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 Karachi 10.00 a.m. 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 the. 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 the. 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 the 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 the 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 the 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.