JET GREEN (PVT.) LIMITED vs FEDERATION OF PAKISTAN arts — 2021 PLD 770 LAHORE-HIGH-COURT-LAHORE

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JET GREEN (PVT.) LIMITED VS FEDERATION OF PAKISTAN arts. 199(1)(a), 199(5), 9 & 18---Pakistan Civil aviation authority Ordinance (XXX of 1982), S. 3---Territorial jurisdiction of (Lahore) High Court---Scope---Constitutional petition against Civil aviation authority (Caa) filed before the (Lahore) High Court---Maintainability---apellant's application for grant of Regular Public Transport License ("RPTL") was pending before the 'Caa'---Question was whether a constitutional petition filed by the appellant before the (Lahore) High Court against 'Caa' seeking a decision on the pending application for grant of "RPTL" was maintainable---Held, that 'Caa' was a statutory authority, which was a creation of federal law and it performed functions in connection with the affairs of the Federation, which was the mandatory and required criteria to pass a direction in the nature of mandamus as ordained under art. 199(1)(a)(ii) of the Constitution---admittedly, the appellant is residing within the territorial jurisdiction of the (Lahore) High Court and carrying out its business throughout Pakistan through its office situated within the territorial bound of the (Lahore) High Court and the prayer it had made regarding the issuance of RPTL from the Caa, if granted, would also take effect and was going to be operative and effective throughout the country including the Province of Punjab---Moreover, the subject matter of the Constitutional petition, the RPTL, whether granted or denied by the Caa, would directly have an impact on the rights and interests of the appellant, which was residing for the purposes of carrying out business through its office within the jurisdictional limits of the (Lahore) High Court---Furthermore Caa had its offices in the Province of Punjab as well, which further strengthened the argument that besides performing the functions in connection with the affairs of the Federation, the Caa also had material and actual presence in the form of its office in Lahore, well within the territorial jurisdiction of the (Lahore) High Court---Since any order of the Caa would directly affect the functionality and operation of the appellant within the limits of the (Lahore) High Court, therefore (Lahore) High Court had the jurisdiction to entertain and decide the Constitutional petition---as the appellant had only sought a direction to the Caa to decide its pending application and its fundamental right of livelihood (article 9 of the Constitution) as well as right to business and trade (article 18 of the Constitution) were involved in the matter, therefore, High Court modified the impugned order (of the Single Judge) to the extent that the application of the appellant, if pending before the Caa, shall be decided by it after providing proper hearing to all concerned including the appellant, strictly in accordance with law and through a speaking order within one month.

JET GREEN (PVT.) LIMITED vs FEDERATION OF PAKISTAN arts — 2021 PLD 770 LAHORE-HIGH-COURT-LAHORE

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