WAHID KHAN vs SECRETARY MINES AND MINERALS, KHYBER PAKHTUNKHWA, PESHAWAR S — 2024 CLC 1731 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 CLC 1731 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: CLC
Parties: WAHID KHAN vs SECRETARY MINES AND MINERALS, KHYBER PAKHTUNKHWA, PESHAWAR S
Subject matter: Constitutional
Provisions referred to: S. 78

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

WAHID KHAN VS SECRETARY MINES AND MINERALS, KHYBER PAKHTUNKHWA, PESHAWAR S.78(3)---Minor mineral blocks---Granting of lease---Reserve price---Object, purpose and scope---Petitioner contractor was aggrieved of grant of lease by Khyber Pakhtunkhwa Mines and Minerals Appellate Tribunal to respondent contractor despite offering less than reserve price---Validity---Purpose of fixation of reserve price in proclamation is that the right and interest of government is safeguarded and bid has to be started from the figures mentioned in reserve price---Whatever authorities had represented to general public while putting minor minerals for auction was to be followed in letter and spirit---In case at some later stage Authorities find that reserve price is exorbitant and not reasonable then area of minor minerals should be re-auctioned, with reduced reserve price or even through open auction without mentioning reserve price if law / rules permit---High Court set aside the order passed by Khyber Pakhtunkhwa Mines and Minerals Appellate Tribunal, as the same was without jurisdiction and was passed without adhering to 'reserve price' mentioned in advertisement--Khyber Pakhtunkhwa Mines and Minerals Appellate Tribunal deviated from rules / law by allowing appeal filed by respondent contractor---High Court restored the order passed by Licensing Authority for re-auction of lease in question---Constitutional petition was allowed accordingly.

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