| Citation(s) |
|---|
| 2018 SLG 930 2018 SLD 930 2018 YLR 718 |
Balochistan High Court
C.P. No. 103 of 2017, decision Dated: 16-2-2017, hearing Date : 10-2-2017.
NAZEER AHMED LANGOVE, JUSTICE
Abid Ali Panezai for Petitioner. Saleem Baloch, Adl: A.G. for the State.
C.P. No. 103 of 2017, decision Dated: 16-2-2017, hearing Date : 10-2-2017.
NAZEER AHMED LANGOVE, JUSTICE
Abid Ali Panezai for Petitioner. Saleem Baloch, Adl: A.G. for the State.
AHMED KHAN FLORAID COMPANY THROUGH OWNER
VS
SECRETARY MINES AND MINERALS GOVERNMENT OF BALOCHISTAN AND 2 OTHERS
Law:
Section:
Constitution of Pakistan--- ----Art. 199---Constitutional petition---Maintainability---Application for grant of "No objection certificate" for applying for prospecting licence for mining which was issued but without further respond---Alternate remedy---Effect---Two forums for redressal of grievance of petitioner were available but he had not availed---Constitutional jurisdiction could only be invoked by an aggrieved person when there was no alternate or efficacious remedy available to him---Petitioner had alternate remedy by approaching proper forum---Constitutional petition being not maintainable was dismissed--- Petitioner would be at liberty to approach the proper forum for redressal of his grievance. 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 and 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 tampered the documents and had committed fraud with the authority, thus his allotment and work orders were cancelled as per law. c) Declare that the withholdment of the issuance of NOC in favour of petitioner for the mining, without any cogent and plausible reasons is also completely contrary to law and equity. d) Declare that the impugned act of the respondent No. . 03 by way of making excavations, even having his allotment and work orders cancelled, is contrary to the law and equity. e) To direct the respondents to issue NOC in favour 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 and proper may also be awarded in favour 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,…
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