Law:

Section:

(a) Constitution of Pakistan--------- ----------Art. 246(b)---------Kyber Pakhtunkhwa Land Revenue Act (XVII of 1967), S.6(2)---------Provincial Government Notifications No. 1075, dated 15-1-2014 and No.3283, dated 7-2-2014---------Creation of new districts by the Provincial Government in the tribal area---------Allegation of ill will and mala fide---------Scope---------General and bald assertions of ill will and mala fide had been made by the petitioners and that too without any particulars---------Ground of mala fide taken by the petitioners did not fulfil the condition precedent to challenge the impugned action on the said basis---------Newly established districts did not figure anywhere in Art.246 of the Constitution and same could not be regarded as territory forming part of Provincially Administered Tribal Areas---------Impugned action of Provincial Government had resulted in disturbing the status provided to the said areas under the Constitution---------Command of Constitution had to be respected and observed---------All actions, orders and steps taken by any authority in pursuance or in consequence of impugned orders of Provincial Government needed to be protected and preserved for public confidence unless dealt with otherwise in accordance with law---------Impugned notifications were declared to be illegal---------Decisions of Provincial Government with regard to postings and transfers of officers and declaring place "X" as the district headquarter of the newly established district being administrative and policy decisions, were non-justiciable and no declaration was passed thereon by the High Court---------Constitutional petition was disposed of in circumstances. Nawabzada Ghazanfar Ali Gul's case 1999 CLC 430; Ali Muhammad's case 2011 SCMR 1964 and Abdul Bari's case PLD 2014 Pesh. 132 ref. Begum Agha Abdul Karim Shorish Kashmiri's case PLD 1969 SC 14; Messrs Al-Imdad's case 2015 PTD 734; Messrs Associated Industry's case 2014 PTD 552; Tika Iqbal Muhammad Khan's case PLD 2008 SC 615; Zafar Ali Shah's case PLD 2000 SC 869; Rehmatullah's case 2007 SCMR 729; Justice Khurshid Anwar Bhinder's case PLD 2010 SC 483; Malik Asad Ali's case PLD 1998 SC 161 and…