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to issue the relief requested. For one thing, compliance with the <br /> required procedure may render relief unnecessary. For another, to <br /> grant relief in advance of compliance with the required procedure <br /> might lead to double recovery by the Division. Since relief is <br /> not appropriate, this Court has no jurisdiction, and the Complaint <br /> must be dismissed. <br /> C. THIS ACTION MUST BE DISMISSED BECAUSE OF PENDING <br /> ADMINISTRATIVE PROCEEDINGS <br /> Even if this action is not dismissed for the preceding <br /> reasons, it must be dismissed because the subject matter of this <br /> action is currently also the subject of administrative proceedings <br /> before the Division. Furthermore, recent rulings there have gone <br /> in Resources' favor. See, e.a. , Exhibit A. In fact, to the <br /> extent that the administrative agency has determined that there <br /> has been no violation or that any violation which may have existed <br /> has been cured, the issues presented here are moot . To the <br /> extent, on the other hand, that the administrative proceedings are <br /> still pending, this Court must dismiss because the same violations <br /> cannot be litigated in two different forums simultaneously. <br /> Either way, therefore, this action is barred. <br /> The Division' s most recent ruling in the pending <br /> administrative proceedings is attached as Exhibit A. That exhibit <br /> reveals not only the existence of administrative proceedings but- <br /> also that, contrary to the Complaint here, there is no violation <br /> for failure contemporaneously to reclaim the mine . Exhibit A <br /> states, in part, that : <br /> -8- <br />