Law: Regulation of Mines and Oil-Fields and Mineral Development (Federal Control) Act, 1948

Section: 2

Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 49,172

Law: Civil Procedure Code (V of 1908)

Section: S.9,O.VII,R.11

(a) Regulation of Mines and Oil Fields and Mineral Development (Government Control) Act (XXIV of 1948)--- ----S.2---Constitution of Pakistan, Fourth Schedule, Part II, Item Entry No.2; Part I Entry No.18---Mineral relating to nuclear substances---Power to make Rules vests in the Federal Government---Only the Federal Government had the authority to regulate mines to nuclear substances, oil fields and Gas Fields while other mines and mineral development was Provincial subject. (b) Civil Procedure Code (V of 1908)--- ----S.9---Suit---Jurisdiction of Civil Court---Scope---Civil Court is a court of ultimate jurisdiction---If litigation has an appropriate remedy before a special court/forum then resort to institution of a civil suit is not permissible. Evacuee Trust Property Board and others v. Mst. Sakina Bibi and others 2007 SCMR 262 and Hakam and others v. Tassadaq Hussain Shah PLD 2007 Lah. 261 rel. THIS JUDGMENT DELIVERED BY: SYED ARSHAD ALI, J.---- Through this single judgment, we intent to dispose of the instant civil revision petition as well as the connected writ petition bearing No. 158-M of 2015 titled "Azam Khan and others v. Government of Khyber Pakhtunkhwa and others" as in both the connected cases a common question of law are involved. 2. Essential facts leading to the institution of this civil revision are that Azam Khan and others, the plaintiffs/petitioners had filed a suit bearing No. 166/1 on 25.09.2013 against the defendants/respondents. It was averred in the plaint that the plaintiffs are the legal heirs of late Ameer Alam Khan, who formed a firm with two other partners vide partnership deed dated 16.12.1990, under the name and style of Ms. Ittefaq Mining Corporation. The Firm was registered, and a lease bearing No. MDW/BNR/ML-Marble (2)/91 of the demised property was obtained. On the death of their predecessor i.e. Ameer Alam Khan, the plaintiffs became owners of 1/4th share in the Firm. In the meanwhile, a dispute arose among the partners, which was resolved through compromise effected in Civil Suit No. 91/1-A on 26.10.2010. In view of the aforesaid compromise, the plaintiffs were granted 1/4th share in the demised area bearing Survey Nos.…

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