Case Details

Citation(s)
2016 SLG 1392 2016 SLD 1392
Peshawar High Court
W.P.No. 2485-P/2014, 19.1.2016
YAHYA AFRIDI, J.

Haji Ameer Zada EtcVSSecretary To Govt Of Kpk Etc

Law:

Section:

Through this single judgment, we propose to dispose of seven Writ Petitions, as common questions of law and facts are involved therein. The particulars of the writ petitions are as under:- (1) W.P.No.2485-P/2014 (Haji Amirzada and others ..Vs..Secretary to Govt: of KPK Revenue Department, Civil Secretariat, Peshawar and others). (2) W.P.No.189-A/ 2014 (Abdul Aziz Khan and others ..Vs..The Government of Khyber Pakhtunkhwa, through Chief Secretary, Peshawar and others). (3) W.P.No.236 A/2014 (Muhammad Riaz and another ..Vs.. The Government of Khyber Pakhtunkhwa, through Chief Secretary, Peshawar and others). (4) W.P.No.506-A/2014 (Maulana Muhammad Asmatullah and others.Vs..Secretary to Govt: of KPK Revenue Department, Civil Secretariat, Peshawar and others). (5) W.P.No.558-A/2014 (Abdul Sattar and others. Vs.. Secretary to Govt: of KPK Revenue Department, Civil Secretariat, Peshawar and others). (6) W.P.No.3353-P/2014 (Zia-ul-Haq and another.Vs..Deputy Commissioner Kohistan Lower and others). (7) W.P.No.887-P/2015 (Haji Ameerzada and others..Vs.. Secretary to Govt: of KPK Revenue Department, Civil Secretariat, Peshawar and others) 2. Brief and essential facts, which have led to the present petitions, in chronological order, are as under:- 20.9.1976. By Notification No.18622, the then Government of N.W.F.P., in exercise of powers conferred by section 3 of the West Pakistan District (Reconstitution) Ordinance, 1960 (Ordinance of 1960), constituted three new Districts i.e. Abbottabad, Mansehra and Kohistan. 1.10.1976. By Sixth Amendment Act, 1976 (6th Amendment), the Constitution of Islamic Republic of Pakistan, 1973, ("Constitution") was amended and the words "the tribal area in Kohistan District" were inserted in clause(l) of Sub-Article(b) of the Constitution, thus, the tribal area of District Swat, which was part of Provincially Administered Tribal Area ("PATA") was included in Kohistan District. 1.10.1976. By Notification No.19577, the tribal area of Swat District, was made part of District Kohistan of Hazara Division. 13.12.1976. By Notification No.18681, in exercise of powers conferred by sections 5 and 6 of the West Pakistan Land Revenue Act, 1976 ("Act of…
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