P L D 2025 Balochistan 98 (PLP)

NAEEM AKHTAR AFGHAN, C.J.

This common order disposes of Constitution Petitions Nos.1319, 1450 and 1476 of 2021 as identical questions of facts and law are involved in all the petitions.

2. In C.P. No. 1319/2021, the petitioners have claimed the following relief: "It is, therefore, respectfully prayed that this Hon'ble Court may be pleased to declare the act and impugned notification dated 29-06-2021 of official respondents of declaring the District Headquarter Killa Abdullah to be Pir Alizai instead of Killa Abdullah is illegal, as such, not maintainable, consequently directions may be issued to respondents to issue a Corrigendum by declaring Killa Abdullah city to be District Headquarter of District Killa Abdullah and reformation of the District as per the spirit of Land Revenue Act, 1967, with any other relief and cost of the proceedings throughout in the interest of justice."

3. The above Constitution Petition has been contested by Senior Member Board of Revenue (respondent No.3) by filing parawise comments with the contention that Summary for bifurcation of District Killa Abdullah into two Districts i.e. District Killa Abdullah and District Chaman was placed before the Provincial Cabinet; in its meeting held on 18.06.2021 the Provincial Cabinet approved creation of new District Killa Abdullah with Headquarter at Jungle Pir Alizai and District Chaman with Headquarter at Chaman; accordingly impugned Notification dated 29.06.2021 was issued by the Government of Balochistan ('GoB') in the light of sections 5 and 6 of the Balochistan Land Revenue Act, 1967 (hereinafter "the Act of 1967").

4. On 21.03.2022, learned AAG stated that Chief Secretary GoB (respondent No.1) and Principal Secretary to Governor Balochistan (respondent No.2) are not filing separate parawise comments and they are relying upon the parawise comments of respondent No.3.

5. Respondents Nos. 4 and 5 were impleaded in C.P. No. 1319/ 2021 on acceptance of their applications/C.M.As. Nos.3241/2021 and 1204/2022 filed under Order I, Rule 10, C.P.C.

6. Parties to the C.P. No. 1319/2021 as well as learned AAG submitted CMAs on different dates for placing on record certain relevant documents which were accepted and the documents filed and relied upon by the parties to the petition and learned A.A.G. were taken on record subject to all just legal exceptions.

7. In C.P. No. 1450/2021, the petitioner has claimed the following relief:- "It is therefore, respectfully prayed that this Hon'ble Court may be pleased to pass judgment in the following terms: a) To declare that the Impugned Notification No. 294A 13 dated 29.06.2021 issued by respondent No.3 to the extent of changing and declaring the Jungle Piralizai as District Killa Abdullah headquarter is void ab initio and without lawful authority. b) To give direction to the Government of Balochistan to modify the impugned Notification by declaring the Killa Abdullah as District Headquarter of District Killa Abdullah. c) To restrain respondents to carry out any construction or business of day to day proceeding of government affairs at Jungle Piralizai and they be directed to continue their day to day affairs from Killa Abdullah d) To pass any other appropriate order, which this Hon'ble Court may deem fit and proper in the circumstances of the case may also be awarded in favour of the petitioner in the interest of justice, equity and fair play."

8. Respondent No. 5 was impleaded in C.P. No. 1450/2021 on acceptance of his application/C.M.A. No. 1205/2022 under Order I, Rule 10, C.P.C.

9. On 21.03.2022 learned A.A.G. stated that in C.P. No.1450/2021 respondents Nos.1 to 4 are not filing separate parawise comments and they are relying upon parawise comments of Senior Member Board of Revenue Balochistan filed in connected C.P. No. 1319/2021.

10. In C.P. No. 1476/2021, the petitioner has claimed the following relief:- "It is therefore, respectfully prayed that this Honourable Court may be pleased to pass judgment in the following terms: a) To declare that Notification No. 294A 13 dated 29.06.2021 issued by respondent No.3 to the extent of changing the district Headquarter of Killa Abdullah to Jungle Piralizai is void ab initio without lawful authority. b) To give direction to the Government of Balochistan to modify the impugned Notification as district Killa Abdullah with Headquarter Killa Abdullah. c) To restrain respondents to carry out any construction or business of day to day proceeding of government affairs at Jungle Piralizai and they be directed to continue their day to day affairs from district Killa Abdullah; d) To declare that creation of new Headquarter at Jungle Pir Alizai is void ab initio without lawful entitlement. e) To pass any other appropriate order, which this Honourable Court may deem fit and proper in the circumstances of the case, in the interest of justice."

11. Constitution Petition No. 1476/2021 has been contested by Secretary Revenue GoB (respondent No.2) and Senior Member Board of Revenue Balochistan (respondent No.3) by filing joint parawise comments with the contention that in pursuance of meeting of the Provincial Cabinet held on 18.06.2021, new District Killa Abdullah with Headquarter at Jungle Pir Alizai and District Chaman with Headquarter at Chaman was approved; the impugned Notification dated 29.06.2021 was accordingly issued by GoB in exercise of powers conferred by sections 5 and 6 of the Act of 1967 to facilitate the General Public at large; no illegality or irregularity has been committed by GoB in issuing the impugned Notification dated 29.06.2021.

12. On 21.03.2022 learned A.A.G. stated that in C.P. No.1476/2021 Chief Secretary GoB (respondent No.1) and Principal Secretary to Governor Balochistan (respondent No.4) are not filing separate parawise comments and they are relying upon joint parawise comments of respondents Nos. 2 and 3.

13. C.M.A. No.3251/2021 filed by the petitioner in C.P. No.1476/ 2021 for placing on record certain relevant documents was accepted and the annexed documents were taken on record subject all just legal exceptions.

14. C.M.A. No. 2222/2022 was filed by the petitioners in C.P. No.1319/2021 for appointing Local Commissioner. In view of sufficient material available on record on the basis whereof the instant petitions can be conveniently decided by this Court, it is not deemed necessary by this Court to appoint a Local Commissioner.

15. After hearing learned counsel for the petitioners, learned A.A.G. appearing on behalf of official respondents and the private respondents/ their counsel in all the petitions, we have gone through the documents filed and relied upon by the parties as well as official respondents.

16. Constitution or re-constitution/creation of Divisions, Districts or sub-divisions and to vary limits of a District or a sub-division or Tehsil is essentially an administrative measure falling within the statutory provisions of the Act of 1967 to which the presumption of regularity is attached.

17. Sections 5 and 6 of the Act of 1967 empower GoB to vary the number and limits of Divisions, Districts, or to create new Divisions and Districts. The policy decision of such nature falling within the ambit of powers of the GoB has to be taken in view of public interest, practical administrative convenience and difficulties of local population.

18. Though the impugned Notification dated 29.06.2021 is a policy decision of GoB but same is not immune from being called in question before the High Court as powers of judicial review under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 are available in case of infraction of law or unfairness, unreasonableness, arbitrariness or mala fide on the part of the Government.

19. Record reveals that previously the area of District Killa Abdullah was part and parcel of District Pishin. In the year 1993 District Pishin was bifurcated and new District Killa Abdullah was created by GoB with its Headquarter at Killa Abdullah City. After few months of creating District Killa Abdullah with its Headquarter at Killa Abdullah city, vide Notification dated 04.12.1994 the GoB declared Chaman city as temporary Headquarter of newly created District Killa Abdullah with stipulation that Killa Abdullah city shall continue to remain as permanent Headquarter of District Killa Abdullah.

20. Since 04.12.1994 till issuance of impugned Notification dated 29.06.2021, Chaman city remained Headquarter of District Killa Abdullah for all practical purposes and the Headquarter of District Killa Abdullah was never shifted back from Chaman city to Killa Abdullah city. Due to above, the infrastructure development of all the required offices of Headquarter of District Killa Abdullah was made in Chaman city instead of Killa Abdullah city by the GoB.

21. Vide impugned Notification dated 29.06.2021, District Killa Abdullah has been bifurcated by creating new District Chaman with Headquarter at Chaman city (comprising of sub-division city Chaman and sub-division Saddar Chaman with Tehsil city Chaman and Tehsil Saddar Chaman) and District Killa Abdullah with its Headquarter at Jungle Pir Alizai (with sub-division Gulistan, sub-division Killa Abdullah, Tehsil Killa Abdullah, Tehsil Gulistan and sub-Tehsil Dobandi).

22. It transpires that in the Summary prepared for the Provincial Cabinet for creation of new Divisions and Districts, the then Senior Member Board of Revenue had proposed District Killa Abdullah with its Headquarter at Killa Abdullah city without assigning any cogent reason probably on the basis that earlier in the year 1993 District Killa Abdullah was created with its Headquarter at Killa Abdullah city.

23. When the proposal was discussed in the meeting of Provincial Cabinet dated 18.06.2021 as agenda Item No.1, after lengthy discussion (as per contents of minutes of the meeting dated 18.06.2021), the Provincial Cabinet approved for creation of District Killa Abdullah with its Headquarter at Jungle Pir Alizai and District Chaman with its Headquarter at Chaman city in pursuance whereof the impugned Notification dated 29.06.2021 was issued by respondents Nos. 2 and 3.

24. Since Killa Abdullah city and Jungle Pir Alizai are situated at a distance of almost 15-kilomters from each other, therefore it hardly makes any difference for the inhabitants of District Killa Abdullah to reach the Headquarter of District Killa Abdullah either it be at Killa Abdullah city or at Jungle Pir Alizai.

25. The reports dated 10.09.2021 of Halqa Patwari and Naib Tehsildar Killa Abdullah (annexed with C.M.A. No. 3241/2021) reveal that even 15-Acres of Government land is not available in Killa Abdullah city. As compared to the above situation of non-availability of sufficient Government land in Killa Abdullah city, sufficient Government land is available in Jungle Pir Alizai which is also evident from the order No.96/LU-94 dated 09.09.1999 issued by the then Senior Member Board of Revenue whereby Government land measuring 75 Acres 0 Rod 04 Poles in Jungle Pir Alizai on main Quetta Chaman Road (between Jungle Pir Alizai and Syed Hameed Cross) was allotted free of cost to be utilized for construction of offices of District Killa Abdullah in the year 1999 but no development took place on the allotted land in Jungle Pir Alizai due to shifting of Headquarter of District Killa Abdullah to Chaman city vide Notification dated 04.12.1994.

26. It transpires that as compared to the congested population and non-availability of Government land in Killa Abdullah city, Jungle Pir Alizai has vast area of Government land which can conveniently be utilized for establishing/construction of different office buildings needed for Headquarter of District Killa Abdullah for which sufficient funds have already been approved by the GoB and construction of few buildings has also been started. In view of all the above, existence of few office buildings and a small Railway Station of pre-partition time cannot be made a basis to make Killa Abdullah city as Headquarter of District Killa Abdullah.

27. The petitioners have failed to show by placing any relevant material that action on the part of GoB in issuing the impugned Notification dated 29.06.2021 for District Killa Abdullah with its Headquarter at Jungle Pir Alizai is tainted with mala fides or is suffering from any legal infirmity.

28. After attending all the relevant facts and circumstances, no exception can be taken to the validity of the impugned Notification dated 29.06.2021. It is concluded that impugned Notification dated 29.06.2021 issued by respondents Nos. 2 and 3 for District Killa Abdullah with its Headquarter at Jungle Pir Alizai on the basis of decision of the Provincial Cabinet is not suffering from any unfairness, unreasonable-ness or arbitrariness on the part of the GoB warranting interference by this Court in constitutional jurisdiction. For the above reasons, the Constitution Petitions Nos. 1319, 1450, 1476 of 2021 and C.M.A. No. 2222/2022 (filed in C.P. No.1319/ 2021 for appointment of Local Commissioner) are dismissed. MQ/127/Bal. Petitions dismisse