No one has appeared on behalf of respondents Nos.2 to 6. They are proceeded ex parte
2. In the year 1992, the petitioner applied for installation of a Petrol Pump (MG/HSD Filling Station) between K.M. No.5/6 on Samundri-Gojra Road at Chak No. 140/GB, Tehsil Samundri, District Faisalabad. The petitioner purchased the land measuring 4 Kanals for this purpose vide registered sale-deed dated 25-8-1992. The Pakistan State Oil Company Limited (herein referred to as PSO) also found this project to be feasible. Consequently, a lease agreement dated 17-2-1993 was executed between the parties. The Pakistan State Oil Company Limited approached the District Magistrate, Faisalabad, on 12-9-1993 for grant of No-Objection Certificate for the installation of Petrol Pump of the petitioner. The District Magistrate after receipt of the report and recommendation from all the concerned departments, issued a No-Objection Certificate on 3-1- 1995 to the Pakistan State Oil Company Limited. The petitioner also deposited Rs.25,000 as security and other charges for the necessary certificate by the Inspector of Explosives. According to the learned counsel, the total expenditure incurred by the petitioner came to Rs.6,14,689.00. The petitioner and the Pakistan State Oil Company Limited satisfied all the requirements of law.
Thereafter, the District Magistrate Faisalabad by his impugned order contained in Memorandum No.1893-M/HC(G), dated 2-5-1995 withdrew the No-Objection Certificate already issued by . Him and acted upon by all the concerned Departments.
3. It is submitted by the learned counsel for the petitioner that once the No-Objection Certificate had been issued and had taken legal effect thereafter it was not possible for the District Magistrate to withdraw the same by the impugned order dated 2-5-1995. It was further argued that one Rana Liaqat on whose complaint the No-Objection Certificate was withdrawn had appeared before this Court on 26-5-1996 and had denied to have ever made the complaint against the installation of the Petrol Pump. Learned counsel relied on judgment of case of Feroz Din v. District Magistrate (1995 SCM R 705) in support of his submissions.
4. On the other hand, the learned Additional Advocate-General, Punjab, has argued that the commissioning of the petrol pump had not been completed. He argued that since the District Magistrate withdrew the No-Objection Certificate before the completion of the Petrol Pump in question, the power of locus paentientiae was exercisable by the District Magistrate to recall the same.
5.I have considered the arguments addressed by the learned counsels for the parties. In this case, not only the No-Objection Certificate had been granted, all the other necessary formalities had also been fulfilled pursuant to the A No-Objection Certificate. The power to rescind an order by a public functionary cannot be disputed. However, where an order passed by the public functionary has already taken legal effect and in pursuance thereof certain rights have been created in favour of an individual, then ordinarily it may not be possible to retrace the steps already taken and acted upon by the parties to a litigation. The provisions of section 21 of the General Clauses Act, 1897 will have no application in such like cases.
Reliance can be placed in cases of Pakistan v. Muhammad Hamayatullah (PLD 1969 SC 407), Raja Muhammad Nawaz v. Government of the Punjab (1981 SCM R 523), Board of Intermediate and Secondary Education, Lahore through its Chairman and another v. Mst. Salma Afroze and 2 others (PLD 1992 SC 263), Chairman, Selection Committee/Principal, KEMC, Lahore v. Wasif Zamir Ahmad and another (1997 SCM R 15) and Chief Secretary, Government of Sindh and another v. Sher Muhammad Makhdoom and' 2 others (PLD 1991 SC 973).
1970 SCMR 63), the withdrawal of No-Objection Certificate of the petrol pump by the District Magistrate was held to be illegal and ineffectual after the same had been acted upon.
6/./n this view of the matter, this writ petition is acceted. The impugned Memorandum dated 2-5- 1995 of the withdrawal of the No-Objection e Certificate by the District Magistrate,aisalabad, is declared to be without lawful authority and of no legal effect. However, there shall be no order as to costs..A./M-406/LPetition accept