SECRETARY FOR KASHMIR AND NORTHERN AREAS AFFAIRS, ISLAMABAD Versus KAMRAN KHAN

ORDER

1. The learned Advocate-General in support of this review petition against the judgment dated 19-8-2009 passed in C.P.L.A. No.19 of 2008 placing record letter dated 30th January 1992 has submitted that the rates of royalty fixed vide letter dated 29th January, 1992 were not applicable as it was clarified in the subsequent letter that royalty and other surcharges would be charged under the previous rules on the subject. He submitted that under the previous rules as referred in Office Order dated 12-9-1991 100% royalty was payable and without showing any such rules has stated that Office Order itself would be treated as rule framed by the competent authority. We are afraid the letter dated 30-1-1991 can neither be treated as rule nor it was brought in evidence on record at any stage rather for the first time, the same has been produced in this review petition which cannot be considered as part of record. Be that as it may be the letter dated 30th January, 1992 has no force of law, as a rule to be given effect and consequently the contention of learned AG is without any substance. The learned AG has not been able to point out any error in the judgment for interference in review jurisdiction. This review petition is accordingly dismissed.

2. M.H./40/Glt. Petition dismissed.