Law:

Section:

North-West Frontier Province Pre-emption Act (X of 1987)---S. 13 --- Provincially Administered Tribal Areas Regulation (II of 1947), Preamble-:--Constitution of Pakistan (1973), Art. 185(3) --- High Court had found that irrespective of extension or, non-extension of N.-W.F.P. Pre-emption Act, 1987 to Provincially Administered Tribunal Areas, on the authority of Supreme Court decision in Said Karnal's case, PLD 1986 SC 360, no decree of pre-emption could be passed after 31-7-1986 where the requirements of "Talabs" were not complied with---Leave to appeal was granted to consider the contention of public importance that the non-extension of N.-W.F.P. Pre emption Act, 1987 providing for making "Talabs" as a sine qua non for the grant of a pre-emption decree had escaped the attention of the High Court which was brought to its notice, but was not persuaded to entertain same, it had, thus fallen into error to dismiss the plea and further that High Court in exercise of its Constitutional jurisdiction could neither have legally set aside the concurrent findings of fact recorded by all the Provincially Administered Tribal Areas Forums that requirements of Talabs under the Islamic Law of Pre-emption had been duly made nor it could have non-suited the petitioner. ORDER MUHAMMAD BASHIR KHAN JEHANGIRI, J.-.-The sale of the disputed land in favour of respondent No. I was pre-empted by the petitioner in the Court of Extra-Assistant Commissioner, Timargera, exercising the powers of Deputy Commissioner under PATA Regulation No. II of 1975 (hereinafter called as the Regulation). The matter was referred to a Jirga for award in pursuance of the Regulation. By majority of two to one the suit of the petitioner was decreed on 27-6-1992. Appeal of respondent No. 1 to the Additional Commissioner and revision petition to the Secretary to Government of N.-W.F.P. Home and T.A. Department were respectively dismissed on 22-3-1993 and 8-8-1993. Respondent No. 1, feeling still not satisfied, challenged the orders passed by respondents Nos.3 to 5 in Writ Petition No.705 of 1993 before the Peshawar High Court, Peshawar. A learned Division Bench in the High Court vide order dated 24-4-1995 held…

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