Law:

Section:

Balochistan Mining Concession Rules, 1970-------Rr.32 & 38---Constitution of Pakistan (1973), Art. 199---Constitutional jurisdiction of High Court---Scope---Disputed questions of fact necessitating taking of evidence---Discretionary Constitutional jurisdiction of High Court would not be warranted in such matter---Petitioner's dispute related to grant of prospecting licence for specified area, relating to which respondent's appeal was already pending and which had been allotted to petitioner before decision of appeal---Appellate Authority while accepting appeal of respondent had found that respondent company had carried out prospecting satisfactorily and was thus entitled to conversion of such rights into mining lease---Validity---Constitutional relief being discretionary could be refused, where circumstances justified such course---Constitutional remedy being extraordinary, no one was entitled to claim as of right, exercise of such discretionary powers---Appellate Authority which had restored respondent's mining area, was validly constituted forum under Balochistan Mining Concession Rules, 1970---Petitioner's claim that it was condemned unheard could not be established in terms of of Appellate Authority wherein it had appeared respondent's counsel was heard---Petitioner's failure to establish its case on basis of documentary evidence before Appellate Forum was noted in Appellate Court's which would not justify re­opening the same being past and closed transaction---Action taken in accordance with law in year 1992 could not be reversed in 1996 on flimsy grounds---No material was available on record to suggest that respondent had violated its obligations enshrined in R.32, Balochistan Mining Concession Rules, 1970--­Petitioner had raised disputed questions of fact which required recording of evidence and no definite findings could be given without looking into evidence which could not be called by High Court in Constitutional jurisdiction---High Court would not go into disputed questions of fact---Petitioner had also filed Civil suit which was dismissed for non-prosecution---Civil Court, however, was proper forum to determine all controversies after recording…

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