ARSHAD NOOR KHAN, J.- This petition, under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, has been filed by the petitioner with the following prayer:--
(a) To declare that the executive order No. SO(Fish) 19(23) L&F/2007 dated 27.9.2007 issued by respondent No. 1 in respect of abolition of contract/lease system and introduction of licence system in public water for fishing is against the Sindh Fisheries Ordinance and the Fisheries Rules and also against the provisions of Article 4,18, 24 and 25 of the Constitution, thus is void, illegal, discriminator, unconstitutional and of no legal effect.
(b) To direct the respondents to restore the contract/lease system in public Water area for fishing in Sindh, and to allow the petitioners to participate in open auction.
(c) To award costs of their petition to the petitioners.
(d) Any other relief which this Honourable Court deems fit and proper under the circumstances, may also be granted to the petitioners.
2. The facts, giving rise to the present petition, in brief are, that the respondents had invited offers vide advertisement published in a newspaper for auction of fishing in view of Fisheries Ordinance, 1980 and the petitioner was awarded lease as well as fishing licence from public water namely B.S. Feeder Head to 168 Rd "Zoorgarh" from 01.01.2007 to 31.12.2007 against bid of Rs. 3,50,0, 00 and such lease deed was reduced in writing, It is further stated in the petition that he was also granted leasing rights of fishing from 01.08.2005 to 31.7.2006 from public water area "Pat Feeder Head to 119 RD Taluka Kashmore by the respondent No. 4. Lt is further stated in the petition that for the purpose of disposal of public water, respondents are bound to act in accordance with the Sindh Fisheries Ordinance, 1980 and Sindh Fisheries Rules, 1983. Lt is further stated in the petition that in violation of the Fisheries Ordinance, 1980 and its Rules 1983 they have introduced in a new scheme and policy of licence system vide their letter dated 27.9.2007. The petitioner, therefore, being aggrieved against the said policy introduced by the respondents, has preferred this petition.
3. The comments were also called from the respondents. They stated that in view of Sindh Fisheries Ordinance, 1980 and Rules, 1983 the respondents have been empowered to grant licence of the public water and from 27.9.2007 order for abolition of contract/lease system and introduction of licencer system is not for personal politics of the respondents but to the -benefit of poor fisherman as per directives of the government vide letter dated 12.6.2007 as such, the policy could be framed and introduced by the government, for which the petitioner has no locus standi to question.
4. We have heard the learned counsel for the parties. Learned counsel for the petitioner has contended that no such policy could be framed by the respondents thereby overriding year to year scheme of leasing out of the public water as such, the respondents have acted against the law and rules of Fisheries Ordinance, 1980 and Rules 1983.
5. Mr. Muhammad Bachai Tonyo, learned Additional A.G. Has contended that the government has all authorities and powers to frame a scheme or policy within the four corners of existing law and such policy of the government could not be challenged before the Court and that the lease period granted to the petitioner has also come to an end and the. Petitioner may approach to the respondents for issuance of license, if so advised.
6. We have considered the arguments advanced on behalf of the parties and have gone through the relevant law on the subject.
7. As per Section 2(k) of Fisheries Ordinance, 1980 the term licence has been defined as licence granted under this Ordinance or Rule made thereunder whereas under Section 3(i), ibid, the government may by general or special order grant licence or lease for fishing in any public waters on such terms and conditions and on payment of such fees as may be prescribed and by Rule 2(c) of Sindh Fisheries Rules, 1983 the Licensing Authority has been defined as Civil Servant of Fisheries Department not below the rank of Assistant Warden Fisheries authorized by the government to act as such and Rule 3(1 to 8), Rule 4 and Rule 5 of Sindh Fisheries Rules, 1983 also prescribe and empower the Fisheries Department to issue licence for fishing and order dated 15.6.2007 is within the framework of the Fisheries Ordinance, 1980 and its Rules 1983 and empowered under the law to the respondents to frame scheme or policy within the four corners of the law and rules applicable to them. As such, framing of scheme and policy for issuance of license of fishing in the public water could not be termed to be arbitrary exercise of powers by the respondents. All the said provisions of the Ordinance and Rules applicable to the respondents* fully empowers them to frame any scheme or policy which is better in the interest of public and to accommodate more and more persons for fishing to provide them bread earning. The act of the respondents to such extent, therefore, could not be declared as illegal, operative, ultra vires or against the spirit of Fisheries Ordinance, 1980 and its Rules 1983.
8, Admittedly the lease as well as fishing permits were granted to the petitioner by the respondents and the petitioner has produced such photo copy of the lease deed vide annexure-B and fishing permit vide annexure-B/1 and both these documents clearly show that the petitioner was granted lease from 01.01.2007 to 31.12.2007 and his lease period has also expired long back in the month of December, 2007 and still under the garb of prohibitory order he is enjoying the possession of the public water, In view of such circumstances it appears that the lease as well as fishing permit in favour of petitioner has also come to an end and is not in existence.
9. In view of the aforesaid circumstances we are of the opinion that neither the respondents are acting illegally against the provisions of Fisheries Ordinance, 1980 and its Rules 1983 nor the petitioner is being hit in any. Manner with the policy of the issuing licence by the respondents. By the policy framed by the respondents, the petitioner is not being affected in any manner for the simple reason that his lease annexure-B and fishing licence annexure-B/1 had already expired or 31.12.2007 as such no prejudice is being caused to the petitioner and in case he intend to have fresh licence he may approach to the respondents in accordance with law.
10. For the aforesaid reasons and circumstances we do not find any merit in the present petition. By our short order dated 21.4.2008 we have dismissed the petition in limine and these are reasons for the same.