Law:

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Jurisdiction— —Unanimous recommendations of Council of Elders-Award confirmed by Political Agent-Revision Petition dismissed by Commissioner-Constitutional petition dismissed by High Court-Challenge to~Whether Peshawar High Court had jurisdiction to issue writ in respect of tribal areas—Question of— Kurram Agency comes within Federally Administered Areas and there was no enactment extending jurisdiction of Peshawar High Court to that area-¬ Dispute related to land situated at Kurram, criminal offences took place in territorial area comprised therein and parties also resided within tribal area- Held:-Peshawar High Court did not have jurisdiction in matter-Appeal dismissed. [Pp.l37,138139]A,B,C,DE 1985 P.Cr.LJ. 1784, PLD 1987 Lahore 323 and PLD 1974 SC 109 rel. JUDGMENT Zaffar Hussain Mirza, J.-^This appeal arises by leave from the judgment of a Division Bench of the Peshawar High Court, Peshawar, dated 9th January, 1983, dismissing the Constitutional petition filed by the appellants seeking the quashment of the order of Commissioner, Peshawar Division dated 28th September, 1980 and the order of Political Agent, Kurram dated 30th June, 1980. The impugned judgment comprises of two sentences without any reasons or narration of facts as under: In view of the authority reported in PLD 1981 Peshawar 51 Syed Shah Vs. Political Agent Bajaur Agency, this writ petition is dismissed. No order as to costs. The facts as disclosed in the petition before this Court may however be stated in brief as under: There was a dispute between the Bangashes of Bagzai, the appellants herein and the Turi Hamza Khel, Mastu Khel etc, the other tribes, the respondents herein, over an unmeasured shamilat area which resulted in a firing incident on 1st August, 1978 in which one Aziz All lost his life and 3 persons sustained injuries. A case was registered against both parties. Emanating from the first incident a chain of disputes took place in which violence was also used inter-se by the members of the two tribes on various dates between 1st August, 1978 to 15th December, 1979. As the disputes/offences arose out of the same cause on 25th December, 1979 the Political Agent, Kurram Agency, with…

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