Law:

Section:

Baluchistan Civil Disputes (Shariat Application) Regulation, 1976 ----- Para. 7 Applicable only to suits or appeals Case in hand being a miscellaneous proceeding or at best proceeding in execution, para 7 not applicable to case Petitioner having himself agitated matter before Deputy Commissioner under old law without any objection in respect of jurisdiction, contention that by virtue of para. 7 of Regulation case automatically stood transferred to Shariat Bench and Deputy Commissioner stood devoid of jurisdiction, held, without force No law or principle being violated nor petitioner suffering any prejudice on account of conduct of authorities petition dismissed, in circumstances. JUDGMENT MUHAMMAD AFZAL ZULLAH, J. Leave to appeal is sought, from the judgment dated 12th September, 1979 (and review order dated 16th October, 1979 of the High Court of Baluchistan); whereby petitioner's writ petition arising out of a tribal dispute over a tract of land known as Narkhezai Jungle', was dismissed. The dispute is about a century old. All the concerned parties accused each other of encroachment over the disputed area by constructing pucca structures; while the land was for the common use, as grazing pasture. The details of litigation several times, given in the petition need not be recounted. It appears, there from that the proceedings conducted, in accordance with the law prevailing for the time being, always resulted in the same conclusion that, as claimed by the petitioner, none of the parties had any exclusive right in the pasture. A similar dispute raised by the petitioner in more recent years ended in a jirga award by a properly constituted jirga. The award was accepted by the Deputy Commissioner and Political Agent who passed an order accordingly on 22nd March, 1971. The main features of the award/order were (a) the earlier decisions were re affirmed that pucca structures (minajats with mud roofs) were not to be' constructed within the area in dispute; (b) both the sides including the petitioner who had filed the complaint this time had contravened the above rule/decision; (c) both the sides were required to convert the said structures into temporary ones jhugis,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492