Law: Constitution of Pakistan, 1973

Section: 199

Abolition of Shishak Act (X of 1973) (Balochistan)--. ----S. 2 (1)---Constitution of Pakistan (1973), Art 199---Abolition of Shishak viz. Sardari tax  Respondent in miscellaneous application complained to Chief Minister that petitioner Sardar was receiving Sardari tax and that heavy sureties be obtained from him---All the rest of the petitioners were not made a party in that application---Petitioner Sardar acceded to the claim of respondent to the extent of his personal share and thus, there remained no lis to be further adjudicated upon---Proceedings however remained pen0ing and those petitioners were also summoned on the basis of it miscellaneous application in which they were not named a party---Deputy commissioner in a detailed order however observed that petitioners' tribe had been recorded as owners of property in question and thus, their ancestral property  could  riot  be  declared  as "Shishak"---Respondents' appeal against such order was dismissed by Commissioner---Board of Revenue in revision remanded case to Deputy Commissioner for constituting a Tribunal and staining a proper award and for determination of dispute ---Validity---Shishyk did not include proprietary rights or Haq-e-Malikana of a lawful owner ---Proceedings against petitioners under provisions of Abolition of Shishak Act of 1973, without any claim by original applicants were not warranted except petitioner Sardar who had already given up his claim against applicants-respondents---Petitioners at no stage were even made a party---Only course open for respondents if they   felt aggrieved was to file civil suit for declaration of their rights-.--Remand of case by Board of Revenue was an exercise in futility because it would only be confined to original parties mentioned in original application which was only against Sardar who had already acceded to the claim of respondents ---Shishak related only to Sardari tax but did not extend to landed property or Haq-e Malikana---Subject matter of original application related to 1/7th of the total land belonging to petitioners' tribe which prima facie, could not be determined under provisions…