THE BURMAH SHELL OIL STORAGE AND DISTRIBUTING COMPANY OF PAKISTAN
This matter concerns a petition for leave to appeal against an order passed by the High Court in its writ jurisdiction. The core legal question involves the validity of an administrative order that effectively withdrew a franchise after the grantee had fulfilled all procedural requirements and incurred significant financial expenditure—specifically mentioned as three lakhs of rupees—based on the reliance of that franchise. The Supreme Court observed that these circumstances raise difficult questions of law regarding the legitimacy of such administrative actions. Consequently, the Court granted leave to appeal to examine the High Court's decision. The Court further directed the petitioner to provide the necessary copies of documents to expedite the preparation of the case for hearing and set the security amount at Rs. 2,500.
- Can an administrative authority validly withdraw a franchise after the grantee has satisfied all procedural requirements and incurred significant expense in reliance upon it?
- Does the withdrawal of a franchise after substantial investment by the grantee raise a justiciable question of law in writ jurisdiction?
ORDER
1. CORNELIUS, C. J.-Difficult questions of law, e.g. As to the validity of an order in the nature of withdrawal of a franchise, after the grantee had satisfied all requirements of procedure and had incurred considerable expense (the sum of three lakes Of rupees is mentioned) on the faith of the franchise, arise in this case. The order of the High Court, in writ jurisdiction, is in the nature of a first decision. Babu Munir Ghulam Sadiq v. N.W. F. P. Government (PLD1955FC410 We accordingly grant leave to appeal as prayed. SCCur1tv--Rs. 2,500. The petitioner is permitted to supply the requisite 1inmber of copies of documents which he wishes to bring on tile record of the case for hearing, in order to expedite the preparation of the case.