1. NAZEER AHMED LANGOVE, J. -- The instant Constitutional petition was filed with the prayer mentioned below:-- (a)<i>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 prospecting license of fluorite).
2. (b)Declare that the respondent No, 3 had tempered the documents and had committed fraud with the authority, thus his allotment and work orders were cancelled as per law.
3. (c)Declare that the with holdment 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.
4. (d)Declare that the impugned act of the respondent No, 3 by way of making excavations, even having his allotment and work orders cancelled, is contrary to the law and equity.
5. (e)To direct the respondents to issue NOC in favour of petitioner for the mining, as per the Amended plan, for the total area of 316.10 acres. (f)To direct the respondents to stop the illegal mining so continued by the respondent No, 3 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. </i> 3.Brief facts of the case are that the petitioner filed the instant Constitutional petition with the bereavements that he is businessma n by profession, deals with the business of mining, owns property in the vicinity. He further averred that another mining company i,e, Loralai Floraid mining company applied for the prospecting license on the basis of fake NOC issued, on verification it was transpired that the same was obtained on the basis of fake and tempered documents finally cancelled, appealed by the respondent No, 3 which was rejected vide Order dated 7th June, 2013 passed by the Secretary, Mines and Minerals Government of Baluchistan(respondent No, 1) challenged in Constitution Petition No, 455/2013 before this Court, disposed with the directions to the Deputy Commissioner for conducting an independent inquiry after providing fair opportunity of hearing to the parties. complied with by the Deputy Commissioner, Loralai wherein, he recommended for issuance of no NOC in favor of respondent. Once again challenged in C.P. No, 530/2015. Disposed of on 21st December, 2016 with the directions to the private respondent for availing remedy provided under the law.
6. 4.The petitioner alleged that despite having no NOC, allotment and work order the respondent No, 3 is still working on Floraide Mines. On the other hand, the petitioner being a permanent resident of vicinity having every right to obtain NOC for aforesaid purpose approached the official respondents for issuance of NOC, the same was issued, but without further response, hence the filing of instant Constitutional petition with the prayer mentioned herein above.
7. 5.I have heard the learned counsel for the petitioner at length and gone through the available record with his assistance. It appears that the petitioner had applied for NOC before the official respondents issued on 16th March, 2012, but respondents are reluctant to issue him prospecting licence (P.L.) admittedly, two forums i,e, respondents No, 1 and 2 for redress 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. In this respect relevant portion of Article 212 sub-Article (2) is quoted herein below: <b><i>"212. Administrative Courts and Tribunals. -- (1) </b></i>
(2) <i>Notwithstanding anything hereinabove contained, where any Administrative Court or Tribunal is established under clause (1), no other Court shall grant an injunction, make any order or entertain any proceeding in respect of any matter to which the jurisdiction of such Administrative Court or Tribunal extends [and all proceedings in respect of any such matter which may be pending before such other Court immediately before the establishment of the Administrative Court or Tribunal [other than an appeal pending before the Supreme Court] shall abate on such establishment]: Provided that the provisions of this clause shall not apply to an Administrative Court or Tribunal established under an Act of a Provincial Assembly unless, at the request of that Assembly made in the form of a resolution, [Majlis-e-Shoora (Parliament) by law extends the provisions to such a Court or Tribunal.</i> 7 In the instant case the petitioner has alternate remedy by approaching proper forum as mentioned herein above.
8. For the aforesaid reasons the instant petition being not maintainable stands dismissed, however, the petitioner after following the procedure and law would be at liberty to approach the proper forum for redressal of his grievance.