ORDER SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Constitution Petition No.D-4700 of 2015
|
Date |
Order with signature of Judge |
For hearing of main
case
22-05-2018
Petitioner
Muhammad Ramzan in person
Mr. Zulfiqar Ali Naich, Assistant Advocate
General Sindh
.-.-.-. -.-.-.-.-.-.-.-.-
Through
the present petition, the petitioner is seeking direction of this Court that
official respondents and particularly respondent No.6 (Chief Inspector of
Mines, Government of Sindh) should grant the petitioner a mining permit in
respect of quarry falling in survey No.39, in Deh Dodaniko, Taluka Rohri,
District Sukkur, measuring 205-24 acres.
The
petitioner has appeared in person and has argued so also stated in his petition
that till 1994 he was extracting lime stones and hill sand from the above land
under a valid permission from the above Respondent; but has not disputed the
fact that the above land forms part of a large area of Government land situated
in the same survey number having comprising of 805-24 acres.
On the
other hand, the learned AAG has relied upon his parawise comments and has
vehemently disputed the claim of the petitioner; that he has any independent
right of mining in the subject area, or has some vested right to get a
permission / mining license. Learned AAG apprised the Court by referring to the
Report of respondent No.5 appended with his parawise comments, that the
area in question has already been leased out to private respondent No.9 under a
proper Notification dated 03.07.2007, which is also annexed with the parawise
comments.
The
record of the case shows that earlier also the petitioner approached this Court
with same prayer in two different Constitutional Petitions and on 18.08.2015
while dismissing the C.P.No.D-1698/2014, the petitioner was given an option to
approach the official respondents for redressal of his grievance. The
petitioner did approach the Mining Department vide his application dated
12.9.2015 (Annexure B of the present Petition) and the report was also sought
from the concerned Mukhtiarkar.
The
submissions of learned AAG Mr. Zulfiqar Ali Naich has substance, that the
petitioner has no right or interest that can be enforced by invoking the writ
jurisdiction of this Court as it is the domain of the official respondents and
particularly Director General Mines and Mineral Development Government of
Sindh, to grant or refuse the mining rights / permission; but, at the same
time, we must observe, that while exercising such discretion to grant or refuse
permission or lease/license, the Respondents should adhere to the prevailing
rules, inter alia, Sindh Mining
Concession Rules 2002. The other aspect of the case is that the official
respondents have already issued a mining permit for lime stones over an area of
90.6 acres, which is part of the subject area, to private respondent No.9 vide
aforementioned Notification, which fact is neither disputed by the petitioner
nor any illegality has been pointed out by the latter in the procedure adopted
by official respondents. More so, it has been categorically mentioned in the
afore referred Report of respondent No.5 that petitioner has not even
filed a proper application as per the prescribed procedure, that can warrant
consideration of his (petitioner's) request under the said Rules.
In view
of the above, the present petition is meritless and is accordingly dismissed,
but with an observation that if the petitioner approaches the official
respondents / competent authority, then his case may be considered within the
parameters of law and the present Rules.
JUDGE
JUDGE
Suleman Khan/PA