Daily Times

A division Bench of Peshawar High Court comprised of Justice Shakoor and Justice Arshid Ali on Thursday heard a writ petition filed by Hameedullah Khan Paracha who has challenged the advertisement of Chromite Mine measuring 224 Acres in Kohistan, Khyber Pakhtunkhwa (KP) on basis of the joint venture. Advocate Nouman Muhib Kakakhel appeared on behalf of the petitioner. The counsel argued that initially two Mines Chromite A and Chromite B Mines in Kohistan were advertised as sole proprietorships and E-Auction No. 18 was conducted wherein the petitioner was the highest bidder for both the mines which collectively was around 500 acres. The counsel argued that later it was found that Chromite A mine was already advertised and won in E-Auction No.17. The relevant authorities decided to cancel both the bids and advertise it afresh to avoid controversy between both successful bidders who had won the Chromite Mine A in E-Auction 17 and 18 respectively. The counsel argued that later the Chromite A mine measuring 224 Acres was readvertised but this time as Joint Venture with the Government and not as a sole proprietorship. The counsel argued that the Mine A can only be readvertised as Sole Proprietorship and not as Joint Venture as it was already won over in E-Auction 17 and 18, creating a vested right of the petitioner to compete over it over the same terms as advertised before. He said that a promise was made to readvertise it with the same terms, and the principal of promissory estopped hits the advertisement, hence it’s illegal, without jurisdiction and lawful authority.