Law: Punjab Mining Concession Rules, 2002

Section: 234

Law: Constitution of Pakistan, 1973

Section: 199

Punjab Mining Concession Rules, 2002-- ----R. 234---Punjab Land Revenue Act (XLVII of 1967), S.49---Constitution of Pakistan, Art. 199---Constitutional petition---Alternate remedy---Factual controversy---Grievance of petitioner was that authorities had issued mining licence for exploration of minerals to respondent for the land which was already acquired by petitioner--- Validity---Question of ownership of land under reference was a matter of factual controversy which could not be decided under Constitutional jurisdiction of High Court---Appeal was provided under R.234 of Punjab Mining Concession Rules, 2002, which remedy was not availed by petitioner and had directly filed Constitutional petition---Constitutional jurisdiction of High Court could not be invoked if there was some alternate remedy available---"Minerals" and "land" were two distinct commodities and land could be owned or acquired by public or private sectors but minerals could not be acquired---All minerals beneath the surface of land, either it was owned by government or any other private person or body, were property of government concerned---Land in question was within the territorial jurisdiction of the Province of Punjab and mines and minerals under the land in question were owned by Punjab Government---Petitioner had no concern therewith and Punjab Government could issue public auction notice for issuance of mining licence and could make lease agreement in result thereof and petitioner had no locus standi to challenge the same---Constitutional petition was dismissed in circumstances. Water and Power Development Authority and another v. Assistant Director Mines and Minerals, Attock and others PLD 2012 Lah. 83 and Water and Power Development Authority (WAPDA) through its G.M. and Project Director Attock and another v. The Assistant Director, Mines and Mineral Attock and others C.A. No.123/2013 ref. THIS JUDGMENT PASSED BY: ATIR MAHMOOD, JUSTICE:---.--- By way of filing this writ petition, the petitioner has challenged a Tender Notice of Public Auction dated 1.8.05.2005 in daily newspaper "Khabrain" dated 28.04.2005 (hereinafter called "the auction notice") and Lease Order bearing…

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