PLJ 2018 Quetta 136
Present : NAZEER AHMED LANGOVE , J.
AHMED KHAN FLORAID COMPANY through Owner --Petitioner
versus
SECRETARY MINES & MINERALS, GOVERNMENT OF BALOCHISTAN and 2 others --
Respondents
C.P. No. 103 of 2017, decided on 16.2.2017.
Constitution of Pakistan, 1973--
----Arts. 199 & 212(2) --Constitutional Petition --Business of mining, owns property --Respondent
miming company applied for licence on Fake NOC --Verification of NOC --Cancellation of NOC -
-Appeal --Rejected --Challenge to --Direct ion to-- Independent inquiry --Recommendation of NOC
in favor of Respondent --Validity --Maintainability --It appears that petitioner had applied for
NOC before official respondents issued on 16th March, 2012, but respondents are reluctant to
issue him prospect ing license (P.L) admittedly, two forum i.e Respondent No. 1 and 2 for
redressal of petitioner’s grievance are available, but not availed --Admittedly, constitutional
Jurisdiction can only be invoked by an aggrieved person when there is no alternate or effi cacious
remedy available to him --Petition was dismissed. [P. 138] A
Mr. Abid Ali Panezai, Advocate for Petitioner.
Mr. Saleem Baloch, Addl. A.G. for State.
Date of hearing: 10.2.2017.
ORDER
The instant Constitutional petition was filed with the prayer mentioned below: --
(a) Declare that the petitioner is qualified & deserving person, to be issued with the NOC for
the mining in the locality (upon the amended plan showing the area for prospecint license of
fluorite).
(b) Declare that the Respondent No. 03 had tempered the documents and had committed
fraud with the authority, thus his allotment & work orders were cancelled as per law.
(c) Declare that the withholdment of the issuance of NOC in favor of petitioner for the
mining, without any cogent & plausibl e reasons is also completely contrary to law & equity.
(d) Declare that the impugned act of the Respondent No. 03 by way of making excavations,
even having his allotment & work orders cancelled, is contrary to the law & equity.
(e) To direct the respondent s to issue NOC in favor of petitioner for the mining, as per the
Amended plan, for the total area 316.10 acres.
(f) To direct the respondents to stop the illegal mining so continued by the Respondent No.
03 upon the above area.
(g) Any other relief which t his Hon’ble Court may deem fit & proper may also be awarded in
favor of petitioner, in the interest of justice, equity and fair play.
3. Brief facts of the case are that the petitioner filed the instant Constitutional petition with the
averments that he is a businessman by profession, deals with the business of mining, owns
property in the vicinity. He further averred that another mining company i.e Loralai Floraid mining company applied for the prospecting license on the basis of fake NOC issued, on verification it was transpired that the same was obtained on the basis of fake and tempered documents finally cancelled, appealed by the Respondent No. 3 which was rejected vide Order
dated 07th June, 2013 passed by the Secretary Mines and Minerals Government of Balochistan (Respondent No. 1) challenged in Constitution Petition No. 455/2013 before this Court, disposed of with the directions t o the Deputy Commissioner for conducting an independent inquiry after
providing fair opportunity of hearing to the parties, complied with by the Deputy Commissioner Loralai wherein, he recommended for issuance of no NOC in favour of respondent. Once again challenged in C.P No. 530/2015. Disposed of on 21st December 2016 with the directions to the private respondent for availing remedy provided under the law.
4. The petitioner alleged that despite having No NOC, allotment and work order the Respondent
No. 3 is still working on Floraide Mines. On the other hand, the petitioner being a permanent resident of vicinity having every right to obtain NOC for aforesaid purpose approached the
official respondents for issuance of NOC, the same was issued, but without f urther response,
hence the filing of instant Constitutional petition with the prayer mentioned hereinabove.
5. I have heard the learned counsel for the petitioner at length and gone through the available record with his assistance. It appears that the pet itioner had applied for NOC before the official
respondents issued on 16th March, 2012, but respondents are reluctant to issue him prospecting license (P.L) admittedly, two forum i.e Respondent No. 1 and 2 for redressal of petitioner’s
grievance are available, but not availed. Admittedly, constitutional Jurisdiction can only be
invoked by an aggrieved person when there is no alternate or efficacious remedy available to
him. In this respect relevant portion of Article 212 sub article (2) is quoted hereinbelow.
“212. Administrative Courts and tribunals (1)…..
(2) notwithstanding anything hereinabove contained, where any Administrative Court or
Tribunal is established under clause (1), no other Court shall grant an injunction, make
any order or entertain any proceeding in respect of any matter to which the jurisdiction
of such Administrative Court or Tribunal extends [and all proceedings in respect of any
such matter which may be pending before such other Court immediately before the
establishment of the Admini strative Court or Tribunal [other than an appeal pending
before the Supreme Court] shall abate on such establishment]:
Provided that the provisions of this clause shall not apply to an Administrative Court or
Tribunal established under an Act of a Provinc ial Assembly unless, at the request of that
Assembly made in the form of a resolution, [Majlis -e-Shoora (Parliament] by law extends the
provisions to such a Court or Tribunal.
7. In the instant case the petitioner has alternate remedy by approaching prope r forum as
mentioned hereinabove.
For the aforesaid reasons the instant petition being not maintainable stands dismissed, however
the petitioner after following the procedure and law would be at liberty to approach the proper forum for redressal of his grievance.
(M.M.R.) Petition dismisse dThis judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
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