REHMAT FILLING STATION, GUJRANWALA through its PROPRIETOR V e r s u s GOVT. OF PAKISTAN through SECRETARY, MINISTRY OF INDUSTRIES AND
NATURAL RESOURCES PAK SECRETARIAT, I
Judge Name: CH. IJAZ AHMAD Judgment Result: Petition dismissed. Other Law Journal References: -rule 115-constitution of Pakistan, 1973, art. 199-no objection certificate for installation of petrol pump-cancellation of earlier notification and change of specification-rejection of application for grant of n.o.c. by district administration-constitutional petition-federal statute prescribed district authority to issue n.o.c. by district authority in view of rule 115(3) of Petroleum rules, 1937-competent authority has formulated policy during pendency of application of petitioner, which is procedural in character, therefore, same has retrospective effect- contention of counsel for petitioner that provincial govt. has no lawful authority to change specification has also no force as in view of constitution of Islamic republic of Pakistan, 1973 wherein law and order situation in province is primarily duty of province and not federation- constitution is based on tracheotomy and high court has only jurisdiction to interpret law and has no jurisdiction to take role of policy maker-held : petitioner has basically challenged vires of policy of respondents, therefore, constitutional petition is not maintainable-petition without merit is accordingly dismissed.
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