A single-member bench of the Lahore High Court set-aside sealing orders of a petrol pump saying under existing legal framework of the Oil and Gas Regulatory Authority, Deputy Commissioner of a district is not authorized to seal business premises or impose any penalties.
Announcing a 15-page reported judgment in the matter, a single-member bench of the Lahore High Court (LHC), comprising Justice Muhammad Tariq Nadeem, stated the OGRA Ordinance 2002 and the Pakistan Oil Rules 2016 have overriding effects on the Pakistan Petroleum Rules 1971.
Justice Nadeem said in the verdict, “I hold that after promulgation of the Oil and Gas Regulatory Authority Ordinance, 2002 and making as well as approval of the Pakistan Oil (Refining, Blending, Transportation, Storage and Marketing) Rules, 2016, respondent No.3 being the Deputy Commissioner of Bahawalpur district was not authorized to seal the business premises of the petitioner or impose any penalty upon him in terms of Rule 44 of the Pakistan Petroleum (Refining, Blending and Marketing) Rules, 1971, as these rules have already been overridden by the provisions contained in the “Ordinance of 2002” as well as the “Rules of 2016”.
Pertinently mention that on October 29, the Deputy Commissioner (DC) of District Bahawalnagar sealed a petrol pump under Order No. DO/IPWM/BWP/437-38. Subsequently, after a period of 14 days, the DC imposed a penalty of one million rupees on the owner of the petrol pump under Section 44 of the Pakistan Petroleum (Refining, Blending and Marketing) Rules 1971. Counsel for petitioner Advocate Shabbir Ahmad Awan challenged both the orders before the LHC and requested to declare the orders illegal.
