| Citation(s) |
|---|
| 2015 SLG 1440 2015 SLD 1440 2015 CLC 616 |
Peshawar High Court
Writ Petition No.2985 of 2010 and 475 of 2009, decision dated: 11-02-2014
MAZHAR ALAM KHAN MIANKHEL AND MALIK MANZOOR HUSSAIN, JJ
Sher Muhammad for Petitioner. Fazal Karim, Nasir Mehmood for
Respondents. Mian Arshad Jan, A.A.G. for the State.
Writ Petition No.2985 of 2010 and 475 of 2009, decision dated: 11-02-2014
MAZHAR ALAM KHAN MIANKHEL AND MALIK MANZOOR HUSSAIN, JJ
Sher Muhammad for Petitioner. Fazal Karim, Nasir Mehmood for
Respondents. Mian Arshad Jan, A.A.G. for the State.
Mst. ZOHRA FALAK
VS
GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Home and Tribal Affair and 13 others
Law:
Section:
Constitution of Pakistan-------Art. 199---Constitutional petition---Administration of justice---Responsibility---Grievance of petitioner was that order passed by High Court in earlier petition filed by her had not been implemented in letter and spirit---Validity---Held, it was not duty of the Courts only to provide justice to people but it was also duty of every organ and functionaries to provide justice by discharging their duties in accordance with law---Functionaries of the State were expected to give due respect to dictum laid down by superior Courts, which was not congenial and conducive for existence of country but also to run the State smoothly with mutual cooperation, respect and understanding---High Court directed the authorities to finalize proceedings by implementing order of High Court passed on 28-1-2010, in letter and spirit, without any further delay---Petition was allowed accordingly. Messrs Airport Support Services v. The Airport Manager, Karachi 1998 SCMR 2268 ref. JUDGMENT MALIK MANZOOR HUSSAIN, J.--- Through this single judgment, we propose to dispose of instant Writ Petition as well as connected Writ Petition bearing No.475 of 2009 as common questions of law and facts are involved in both these petitions. 2. The petitioner is daughter of Ex-Nawab Muhammad Shah Khisro and grand daughter of Ex-Nawab Shah Jehan of Ex; Dir State. Through Notification No.10/16-SOTA-11/72-1522 dated 15-9-1972, on the basis of recommendations of Dir-Swat Land Disputes Enquiry Commission, the private or personal properties of late Nawab Sir Shah Jehan, Ex-Ruler of the State, were notified and were duly specified in schedule annexed to the notification. Similarly as per Notification No.10/16- SOTA-11/72-1520 dated 15-9-1972, the State properties of the former State of Dir, were notified in a separate schedule appended to the aforementioned notification. In the light of aforementioned notifications and the schedules annexed thereto the petitioner applied to the concerned authorities for separation of her property from the other property of the Provincial Government (State property) but she could not succeed and was constrained to approach this Court through Writ…
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