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2000 SCMR 1192

PROVINCE OF PUNJAB through Secretary Food, Government of Punjab,

Citation2000 SCMR 1192
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,856-L of 1998 I.C.A. No,10 of 1997
Date1999-11-30
Judge(s)Muhammad Arif, Sh. Riaz Ahmad
ResultPetition dismissed

ORDER

' SH. RIAZ. AHMED, J.---Leave to appeal is sought by the Province of the Punjab through Secretary Food against the judgment and order dated 25-11-1997 whereby an intra-Court appeal preferred by Messrs Abrar Flour Mills against the Province of the Punjab was disposed of as having not been pressed, but direction was issued not to deduct/ special quota sanctioned in favour of the respondent.

2. The brief facts are that the respondent was issued a special quota of wheat under the orders of the competent Authority, but subsequently without any rhyme or reason the quota was deducted.

The said act of deduction was challenged and before the Bench hearing the intra-Court appeal the petitioners failed to point out any law or rule under which the special quota earlier issued to the respondent under the orders of the competent Authority could be deducted or adjusted. In this view of the matter, the appeal was dismissed, but direction was issued to the petitioners not to deduct or recover the special quota already consumed by the respondent.

3. We have heard the learned counsel at length and have gone through the orders delivered in this case, but we do not find any merit in this petition A inasmuch as the transaction which is past and closed, could not have been reopened after consumption of special quota of wheat issued to the respondent. The petition is dismissed.

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