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Malik ISRAEL vs APPELLATE TRIBUNAL MINES AND MINERALS, PESHAWAR R — 2024 PLD 20 PESHAWAR-HIGH-COURT

Case information

Citation
2024 PLD 20 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
PLD
Parties
Malik ISRAEL vs APPELLATE TRIBUNAL MINES AND MINERALS, PESHAWAR R
Subject matter
Constitutional
Provisions referred to
Minerals Act (XXXVI of 2017)

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

Malik ISRAEL VS APPELLATE TRIBUNAL MINES AND MINERALS, PESHAWAR R. 19---Khyber Pakhtunkhwa Mines and Minerals Act (XXXVI of 2017), Ss. 8-A, 102 & 102-A---Mining Title Appeal before Appellate Tribunal Mines and Minerals---Procedure---Non-impleading of necessary party---Scope and effect---Record revealed that the Appellate Tribunal Mines and Minerals ('the Tribunal') entertained an appeal wherein petitioner, who had been Mineral Title Holder, had not been arrayed as party and the appeal was even allowed despite the fact that it had been brought to notice of Appellate Tribunal that petitioner had been the original Mineral Title Holder, as the discussion in impugned order devolved around said fact---Rule 19 of the Khyber Pakhtunkhwa Mines and Minerals Appellate Tribunal Rules, 2022 provided that any person likely to be adversely affected by any decision had to be arrayed as respondent and given due notice of appeal---It was strange that despite having knowledge of the fact(s), Appellate Tribunal closed its eyes and the affected person i.e., existing Mineral Title Holder (petitioner), could not be impleaded in appeal nor given any notice of pendency of such appeal---On both scores, impugned judgment of Appellate Tribunal was not sustainable---High Court directed that Appellate Tribunal would comply with its own Rules, particularly Rule 19 of Khyber Pakhtunkhwa Mines and Minerals Appellate Tribunal Rules, 2022---High Court set aside the impugned order passed by the Appellate Tribunal and remanded the matter to Mineral Titles Committee with direction to decide the same afresh---Constitutional petition was allowed accordingly.

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