GREEN FIELDS MINERALS AND MINING (PVT.) LIMITED vs PROVINCE OF BALOCHISTAN through Secretary Mines and Mineral

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GREEN FIELDS MINERALS AND MINING (PVT.) LIMITED VS PROVINCE OF BALOCHISTAN through Secretary Mines and Minerals Development Department R. 70---Constitution of Pakistan, Art. 199---Grant of an area under an exploration license---Cancellation of license, challenge to---Constitutional petition---Maintainability---Adequate remedy of appeal, availability of---Constitutional jurisdiction of the High Court, exercise of---Scope---Brief facts were that the petitioners were granted Exploration Licenses by the Director General Mines and Minerals, Balochistan, for a period of three years to explore areas for copper, gold, silver, and other metals, however, such licenses were later cancelled; that the petitioners challenged the cancellation of licenses on the ground of being tainted with mala fide and unlawful, arguing that they had complied with all requirements---Held: Rule 70 of the Balochistan Mineral Rules, 2002 outlined the hierarchy and process for appeal in cases involving order of respondent No.2 (D.G. Mines and Minerals) touching grievance of the parties relating to licenses in question---Rule 70 (ibid) provided a clear mandate for appeal, ensuring that the aggrieved person could seek redressal accordingly---The authority which passed the order was conferred a power under statute, which provided the right of appeal---The prescribed legal procedure was to be followed to avoid excessive cases in High Court against all types of orders by-passing the remedy of appeal provided by the relevant stature---High Court under Constitutional jurisdiction did not intervene where an aggrieved person had adequate remedy available by way of appeal---High Court should not be approached without first exhausting remedy provided in law in the hierarchy---In the present case, the petitioners' appeal were pending before the respondent No. 1, where an efficacious alternate and time bound remedy was available specifically constituted under the law, therefore, resort to extraordinary constitutional jurisdiction before the High Court was not to be favored unless exceptional circumstances were shown---Since the petitioners had already availed remedy of appeals which were pending adjudication, which was not only efficacious but also effective as it allowed for both factual and legal question to be examined by the authority designated under the Balochistan Mines and Minerals Rules, 2002, present Constitutional petitions were not maintainable and were dismissed, in circumstances.

GREEN FIELDS MINERALS AND MINING (PVT.) LIMITED vs PROVINCE OF BALOCHISTAN through Secretary Mines and Minerals Development Department R — 2025 CLC 1768 QUETTA-HIGH-COURT-BALOCHISTAN

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