Case Details

Citation(s)
2018 SLG 2325 2018 SLD 2325 2018 PLJ 136
Quetta High Court
C.P. No. 103 of 2017, decision Dated: 16.02.2017. Hearing Date : 10.02.2017.
NAZEER AHMED LANGOVE, JUSTICE
Mr. Abid Ali Panezai, Advocate for Petitioner. Mr. Saleem Baloch, Addl. A.G. for State.

AHMED KHAN FLORAID COMPANY THROUGH OWNER

VS

SECRETARY MINES & MINERALS, GOVERNMENT OF BALOCHISTAN AND 2 OTHERS

Law:

Section:

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--Direction 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 prospecting license (P.L) admittedly, two forum i.eRespondent 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--Petition was dismissed. THIS ORDER PASSED BY: NAZEER AHMED LANGOVE, JUSTICE---.--- 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 forprospecint 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 & plausible 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 respondents 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 this 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…
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