Law:

Section:

Provincially Administered Tribal Areas Civil Procedure (Special Provisions) Regulation (II of 1975)-- ----Ss. 2 & 4---Constitution of Pakistan, Art.199---Constitutional petition---Jirga, decision of---No confidence on Jirga--- Effect--- Petitioners were aggrieved of decision made by authorities, whereby matter was remanded to Jirga for decision afresh---Plea raised by petitioners was that when they raised no confidence in Jirga, the matter could not be remanded to same Jirga for decision afresh---Validity---Authority concerned did not consider request of Chairman of "Jirga" for his replacement and forced him to give verdict, which spoke loudly about the conduct of the authority concerned---Possession of petitioners were admitted by witnesses examined by "Jirga" members and supported by strong corroborative evidence of settlement record---Court of law or Tribunals were vested with powers to decide matters rightly and not wrongly---In case a matter was not decided rightly then the same would come within definition of order passed without proper exercise of jurisdiction and could be struck down by High Court while exercising Constitutional jurisdiction---High Court set aside orders passed by authorities as the same were illegal, void ab initio and ineffective upon the rights of petitioners and suit filed by respondents stood dismissed---Petition was allowed in circumstances. PLD 1987 SC 477 rel. JUDGMENT MALIK MANZOOR HUSSAIN, J.---This constitutional petition has been directed against order dated 22-12-1990, whereby the learned E.A.C. vested with the powers of Deputy Commissioner under PATA Regulation, 1975, decreed the suit of respondent No. 1 and that order was affirmed vide judgment dated 31-8-1992 by the learned Additional Commissioner-1 and through an order dated 10-9-2011 passed by the learned Deputy Secretary Home, Khyber Pakhtunkhwa. 2. Briefly stated the facts of the case that respondent No. 1 filed a civil suit under PATA Civil Procedure (Special Provisions), Regulation, 1975, for declaration, possession and permanent injunction against the petitioners on 1-12-1984 before the Court of E.A.C. The suit was contested by the petitioners by filing…

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