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Frontier Crimes Regulation (l1l of 1901)---- S. 49--Revision--Section 49 of Regulation-Comprehends only one revision-Respondent's counsel referring to two notifications to contend power of Commissioner to hear revision having been superseded and instead Officer on Special Duty having been vested with such power but not placing such notifications before Court despite having notice of ground on which leave to appeal granted--Held : Not possible in circumstances to consider effect of such notifications, if at all issued-Commissioner vested with power to hear revision and having heard and rejected same, second revision to officer on Special Duty incompetent.---[Revision (criminal)1. Fazal Hussain, Advocate-on-Record and Qasim Imam, Advocate-onRecord for Appellants. Abdul Samad Khan, Advocate-on-Record for Respondent No. 1. Respondent No. 2 : Ex parte. Date of hearing : 27th April, 1980. JUDGMENT MUHAMMAD HA,uEM, J..-This appeal is by special leave which arises out of the judgment of the Peshawar 14ig h Court, Peshawar, dated 5th of May, 1972, by which Writ Petition No. 43 of 1972 was dismissed in limine. The appellants purchased land on a road side situate in village Loand Kus Tarao Banday Dus Pacha, Malakand Agency, from one Jahandad on 20th of January, 1963, for a sale consideration of Rs. 12,000. The first respondent, on 9th August, 1975, instituted a suit for pre-empting the sale of this land which was referred to the Council-of-Elders under section 8(1) of the Frontier Crimes Regulation, 1901. The appellants resisted the suit on the ground that the sale was not pre-emptible as it was purchased for the purpose of raising a commercial-cum-residential building but this plea did not prevail with the Members of the Council-of-Elders who by their Award recommended that the suit be decreed on payment of Rs. 5,000. The A. D. M., Malakand by order dated 30th of December, 1967, decreed the suit against which a revision was filed under section 49 before the Commissioner who by order dated 16th of May, 1968, remanded the case to the Council-of-Elders for determining the value of the land and further directed that the final order shall be passed by the A. D. M. The…

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