Humayun Khan
PESHAWAR: A divisional bench of Peshawar High Court comprising of Justice Lal Jan Khattak and Justice Abdul Shakoor issued notice Secretary Mines in case regarding transfer of lease till 10th March, on Thursday.
The writ petition filed by Muhammad Younas against orders of Secretary Mines while Counsel Amjad Hassan Tanoli Advocate informed PHC the secretary passed orders without jurisdiction against the petitioner.
The writ petition stating that secretary mines order is violation of mandate provided under the Mines and Minerals Act 2017 especially with regard to domain warranted under section 102 of the Act.
The petition further added that the matter is pending before PHC but despite that the same was entertained and decided in garling violation of law and rights of the petitioner.
The writ claimed that another serious anomaly in the impugned order is that on one hand the appeal was entertained by the Secretary Mines & Minerals after laps of more than one year which was deadly time barred, while on the other hand there was no impugned order in appeal, despite that the same was allowed beyond its scope and domain of legality.
The petitioner further seeking that on acceptance of instant writ petition order 4/2/2022 and followed by order dated 10/2/2022 and any consequent act of impugned order may please be declare as illegal, unlawful, arbitrary, discriminatory, contra legum, in violation of law on the subject and against fundamental rights of the petitioner.
The petitioner also requested that to suspension of impugned order dated 4/2/2022 till final decision of the instant writ petition.
