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MESSRS BALOCH DISTILLERY AND SUGAR MILLS versus SECRETARY INDUSTRIES AND COMMERCE DEPARTMENT, GOVERNMENT OF SINDH

r Article 199 - Constitution Petition Matters Policy Matters Re-Disciples, Principles - The applicant's complaint was that the authorities had not issued him an "No Objection Certificate" (NOC) for the establishment of Sugar Mill while five such Other companies have already been approved. The question raised by the authorities during the NOC question was that the NOC's grant for the establishment of a sugar mill comes under the exclusive jurisdiction of the Chief Minister, Prime Minister, even if it were the authority. Such discretion may not be used in accordance with the. The officials of any organization or establishment could not be allowed to use their will, sweet will or arbitrary discretion, but they were obliged to act in a fair, equitable and fair manner. Dismissed, under which the provincial government's summary petitioner was denied by the NOC - the High Court directs the provincial government to issue a petition to the applicant, allowing him to stay. As if by following the rest of the procedure, the summary has been given a positive response. N is allowed, [Page 318] b

P L D 2017 Sindh 313 

Before Sajjad Ali Shah and Muhammad Junaid Ghajfar, JJ

Messrs BALOCH DISTILLERY AND SUGAR MILLS through Chief Executive—Petitioner

versus

SECRETARY INDUSTRIES AND COMMERCE DEPARTMENT, GOVERNMENT OF SINDH and another—Respondents

Constitutional Petition No.4778 of 2014, decided on 4th January, 2016.

(a) Constitution of Pakistan—

—Art. 199—Constitutional petition—Policy matters—Scope—Policy matters fall within the exclusive domain of Executive as they require consideration of various factual aspects—Such matters normally are not interfered by courts unless such policy is perverse, arbitrary, in violation of ‘Constitutional mandate’, ‘law’, or is patently mala fide, [p. 317] A

(b) Constitution of Pakistan—

—Art. 199—Constitutional petition—Policy matters—Discretion, exercise of— Principle— Grievance of petitioner was that authorities did not issue “No Objection Certificate ” (NOC) to it for establishing a sugar mill whereas five such other companies had been already granted NOC during period in question—Plea raised by authorities was that grant of NOC for establishment of sugar mill fell within exclusive jurisdiction of Chief Minister—Validity—Held, even if it was so, such discretion could not be exercised at whims of the Authority— Functionaries of any organization or establishment could not be allowed to exercise discretion at their whims, sweet will or in an arbitrary manner, rather they were bound to act fairly, evenly and justly—High Court set aside order of Chief Minister whereby summary of Provincial Government was rejected by refusing NOC to the petitioner—High Court directed Provincial Government to issue to petitioner, permission for establishing of a sugar mill as if summary had been responded in positive by following rest of the procedure— Constitutional petition was allowed in circumstances, [p. 318] B

Aman Ullah Khan v. Federal Government of Pakistan PLD 1990 SC 1092; Chairman R.T.A. v. Pakistan Mutual Insurance Company PLD

1991 SC 14; Pacific Multinational (Pvt.) Ltd. v. I.G. of Police PLD

1992 Kar. 283; Presson Manufacturing Ltd. v. 'Secretary, Ministry of Petroleum and Natural Resources 1995 MLD 15; Rantana v. I. A. Authority of India AIR 1979 SC 1628; Dwarka Nath Prasad Atal v. Ram Rati Devi AIR 1980 SC 1992; Ram and Shy am Company v. State of Haryana AIR 1985 SC 1147; Nizamuddin v. Civil Aviation Authority 1999 SCMR 467 and Abid Hassan and others v. P.I.A.C, and others 2005 SCMR 25 rel.

Raja Akhtar Zaman for Petitioner.

Nemo for Respondent No. 1.

Chief Minister Sindh through Chief Secretary, Sindh.

Ghulam Mustafa Maheser A.A.G, along with Ms. Zhazia Rizvi, Secretary, S. Azizuddin, Deputy Secretary (Tech.) and Mushtaq Ahmed Memon, Research Officer for Respondent No.2.

Date of hearing; 18th September, 2015.

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