| Citation(s) |
|---|
| 2024 SLG 71 2024 SLD 71 2024 PLD 1 |
Balochistan High Court
C. Ps. Nos. 1424, 1477 and 280 of 2022, decided on 21st June, 2023.Date of hearing: 11th April, 2023.
Before Naeem Akhtar Afghan. C.J. and Shoukat Ali Rakhshani, J
Sher Shah Kasi for Petitioner (in C.P. No.1424 of 2022). Zahoor Ahmed Baloch, Additional Advocate General along with Hussain Rasheed, Assistant Legal Officer Board of Revenue Quetta for
Respondents Nos. 1 to 7 (in C.P. No.1424 of 2022). Amanullah Kanran
C. Ps. Nos. 1424, 1477 and 280 of 2022, decided on 21st June, 2023.Date of hearing: 11th April, 2023.
Before Naeem Akhtar Afghan. C.J. and Shoukat Ali Rakhshani, J
Sher Shah Kasi for Petitioner (in C.P. No.1424 of 2022). Zahoor Ahmed Baloch, Additional Advocate General along with Hussain Rasheed, Assistant Legal Officer Board of Revenue Quetta for
Respondents Nos. 1 to 7 (in C.P. No.1424 of 2022). Amanullah Kanran
QADIR BAKHSH JAMOTE---Petitioner
VS
GOVERNMENT OF BALOCHISTAN through Chief Secretary, Quetta and others---Respondents
Law: Balochistan Land Revenue Act, 1967
Section: 5,6
Law: Constitution of Pakistan, 1973
Section: 199
Balochistan Land Revenue Act (XVII of 1967)--- ----Ss.5 & 6---Constitution of Pakistan, Art. 199---Constitutional petition---Creating new district---Board of Revenue, jurisdiction of---Judicial review---Scope---Petitioners assailed notification creating new district on the basis of 7th Digital Population Census, 2022---Validity---Government of Balochistan was empowered by Ss. 5 & 6 of Balochistan Land Revenue Act, 1967, to vary number and limits of Districts, Divisions or to create new Districts or Divisions---Such policy decision of the Government had to be taken in public interest keeping in view practical administrative convenience and difficulties of local population---Notification in question was a policy decision of Government of Balochistan and was not immune from being called in question before High Court as power of judicial review under Art. 199 of the Constitution was available in case of infraction of law or unfairness, unreasonableness, arbitrariness or mala fide on the part of Government---Petitioners failed to show that creation of new district by division/bifurcation of existing district by Government of Balochistan was infraction of law or same was unfair, unreasonable, arbitrary or was mala fide warranting judicial review of the same by High Court under Art. 199 of the Constitution---Petitioners did not fall within the purview of Art. 199 of the Constitution as no prejudice was caused to them due to creation of new district after division/bifurcation of existing district---Constitutional petition was dismissed, in circumstances. ORDER NAEEM AKHTAR AFGHAN, C.J.---This common order disposes of Constitution Petitions Nos. 1424, 1477 and 280 of 2022 as identical questions of facts and law are involved in all the petitions. 2. In all the above petitions, the petitioners have challenged the Notification No. 109 A 13/10914-39 dated 31.08.2022 (hereinafter "the impugned Notification") issued by the order of Governor Balochistan by Senior Member Board of Revenue ('SMBR') (respondent No.3) in exercise of powers conferred under section 6 of the Balochistan Land Revenue Act 1967 (hereinafter "the Act of 1967") whereby existing District Lasbela has…
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