Law:

Section:

Settlement of Disputes of Immovable Property (Chitral) Order (12 of 1980)--------- ----------Arts. 3, 4 & 5---------Royalty of timber extracted from forest, determination of---------District Collector---------Powers of---------Scope---------Controversy in the present case did not fall under any category of the disputes which could be decided under Settlement of Disputes of Immovable Property (Chitral) Order, 1980---------All such disputes had to be decided by the Provincial Government or an officer authorized by it in that behalf---------Determination of royalty amongst the rightful shareholders in the present case was not a dispute within the contemplation of Article of Settlement of Disputes of Immovable Property (Chitral) Order, 1980---------Deputy Secretary Home/Presiding Officer Appellate Court had wrongly exercised jurisdiction not vested in him---------Impugned orders passed by him were of no legal effect---------Impugned orders were set aside and parties were directed to approach the competent forum having jurisdiction in the matter---------Constitutional petition was accepted in circumstances. THIS JUDGMENT DELIVERED BY: HAIDER ALI KHAN, JUSTICE:--------- Through this writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, Sohrab Khan and 17 other petitioners have prayed for the following relief: "On acceptance of the instant writ petition, the orders dated 25.4.2013 and 14.7.2011 passed by Respondent No. 21 and all proceedings conducted by Respondents Nos. 20 and 21 on the application of Respondents Nos. 1 to 15 be declared void, illegal, without lawful authority and of no legal effects. Any other remedy which is just and efficacious may also be graciously awarded though no specific prayer has been made thereof." 2. Brief facts of the case are that the Respondents Nos.1 to 15 filed an application before the District Collector Chitral (Respondent No. 20) against the petitioners and Respondents Nos.16 to 19 for determining the rights of royalty in respect of timber extracted from forests situated in Lawo Nisar, Walingar and Shishi Koh of District Chitral. The application was disposed of by the District Collector…

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