SARDAR MIR USMAN TAREEN vs Syed MUHAMMAD HASSAN & SONS AND 2
The petitioner, a coal mining lessee, challenged an administrative letter issued by the Joint Director, Mineral Development, Baluchistan, which alleged unauthorized encroachment by the petitioner into the mining area granted to the respondents. The petitioner filed a suit for declaration and injunction, arguing that the administrative instructions were issued without a hearing, thereby violating principles of natural justice. The trial court initially granted an ad interim injunction, but this was subsequently recalled by the District Judge on appeal, and the High Court dismissed the petitioner's challenge to that appellate order. Before the Supreme Court, the petitioner's counsel, recognizing the difficulty in sustaining the petition, sought to withdraw the proceedings. The Supreme Court permitted the withdrawal of the petition, granting the petitioner liberty to seek an amendment of the plaint in the trial court and to file a fresh application for an injunction. The Court clarified that such applications would be decided by the trial court in accordance with the law, without expressing any opinion on the merits of the underlying dispute.
- Can a petitioner withdraw a leave to appeal petition before the Supreme Court while reserving the right to amend pleadings in the trial court?
- Does the withdrawal of a petition before the Supreme Court preclude a litigant from seeking fresh injunctive relief in the trial court?
- Rule 55, Baluchistan Mining Concession Rules 1970
- Rule 99, Baluchistan Mining Concession Rules 1970
ORDER
1. ' G. SAFDAR SHAH, J.-The petitioner is lessee of certain area in the Province of Baluchistan in which he is engaged in the operation of Coal Mining. Vide letter, dated 8-9-1979, the Joint Director Mineral Development, Quetta, intimated the Deputy Commissioner, Loralai, that "it was observed by a Survey Team that Messrs Sardar Mir Usman Khan Tareen and Messrs New Quetta Mining Company are working unauthorizedly encroaching in the granted area of Messrs Syed Muhammad Hassan & Sons. It is violation of Jules 55 and 99 of the Baluchistan Mining Concession Rules, 1970. You are therefore, requested to kindly look into the matter personally and stop the unauthorized working/encroachment being conducted by Messrs Sardar Mir Usman Khan Tareen and Messrs New Quetta Mining Company in the granted area of Messrs Syed Muhammad Hassan & Sons under intimation to the undersigned".
2. ' Feeling aggrieved of the contents of the said letter, the petitioner filed suit against the Joint Director, Mineral Development, Government of Baluchistan, Quetta and the other two respondents for declaration that the instructions given to the Deputy Commissioner, Loralai therein were tantamount to condemning him unheard and so the said instructions were without jurisdiction. By way of consequential relief, he prayed for the grant of an injunction against the respondents with a view to restraining them from implementing the contents of the said letter. As an ad interim measure, the trial Court issued an injunction against the respondents and adjourned the case to 27-9-1979, on which date the respondents were asked to file their reply to the said injunction application.
3. ' The respondents, who were evidently aggrieved of the said order went in appeal to the Court of the District Judge, Quetta, who vide his order dated 14-10-1979, accepted the same with the result that he recalled the ad interim order issued by the trial Court and also dismissed the injunction application of the petitioner. This order was challenged by the petitioner in the High Court but a learned Single Judge, vide his order dated 3-12-1979 dismissed the same.
4. ' Mian Nusratullah, the learned Senior Advocate for the petitioner urged before us manifold contentions against the order of the High Court. But when he realised that he was unable to pursuade us to agree with, he expressed his desire to withdraw this petition subject to his right to seek the amendment of his plaint in the trial Court, as well as filing a fresh application for the grant of an injunction against the implimentation of the impugned instructions contained in letter, dated 8-9-1979, issued by the Joint Director, Mineral Development, Baluchistan, Quetta, to the Deputy Commissioner, Loralai. Considering that a litigant can always seek the amendment of his leadings, as well as file a fresh application for the grant of an injunction provided he can satisfy the Court as to their maintainability, we see no reason to disallow the request made by the learned counsel.
5. ' This petition is accordingly dismissed as withdrawn. However, the petitioner would be at liberty to file an application for the amendment of his plaint in the trial Court, as well as a fresh application for the grant of an injunction against the impugned action taken against him, but it is needless to say that the same would be disposed of according to law.
Cited by 2 cases
- RASOOL BUX vs Haji KHUDAD1NO and 3 others 1984 MLD 628
- JALAL DIN vs MUHAMMAD ASLAM AND 2 OTHER 1982 CLC 1282