P L D 2021 Peshawar 27 (PLP)
BAHRAMAND KHAN (NAZIM) and another — Petitioners Versus GOVERNMENT OF KHYBER PAKHTUNKHWA through Senior Member Board of Revenue and 9 others — Respondents
| Citation | P L D 2021 Peshawar 27 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | BAHRAMAND KHAN (NAZIM) and another — Petitioners Versus GOVERNMENT OF KHYBER PAKHTUNKHWA through Senior Member Board of Revenue and 9 others — Respondents |
| Primary Law | Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967) |
Q1: What are the key laws and sections cited in P L D 2021 Peshawar 27 (PLP)?
This judgment primarily cites: Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2021 Peshawar 27 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2021 Peshawar 27 (PLP) (BAHRAMAND KHAN (NAZIM) and another — Petitioners Versus GOVERNMENT OF KHYBER PAKHTUNKHWA through Senior Member Board of Revenue and 9 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Irshad Mohmand for Petitioners.
- Atif Ali Khan, Addl. A.G. along with Hussain Akbar, Revenue and Estate Assistant, D.C. Office Mardan for Respondents.
Headnotes / Summary
S. 6
Constitution of Pakistan, Art. 199
Districts to be divided into Sub-Divisions
Scope
Petitioners sought declaration to the effect that notification whereby the concerned village council was included in the newly created Tehsil as illegal
Residents of Village Council might not be happy over the inclusion of their area in the newly established Tehsil but according to S.6 of the Khyber Pakhtunkhwa Land Revenue Act, 1967, each district could be divided into such Tehsils or Sub-Tehsils with such limits and such areas as the Government might by notification specify
High Court, in exercise of its constitutional jurisdiction could not determine whether the newly created Tehsil would bring convenience to the people of the concerned village council or otherwise
Creation of new Districts and Tehsils, detachment of some area from one Tehsil and its inclusion into another were purely administrative and policy decisions of the Government, legality or otherwise of which could not be questioned before the Court in a Constitutional petition which had a very limited scope
Constitutional petition was dismissed.
Judgment & Decree
LAL JAN KHATTAK, J.
Petitioners through the petition in hand under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 have prayed to this Court for issuance of a writ declaring the Notification dated 28.08.2019 as illegal, unlawful, based on mala fide and ulterior motives whereunder Village Council, Qasim of Tehsil and District Mardan has been included in the newly created Tehsil i.e. Tehsil Ghari Kapura after its detachment from Tehsil Mardan.
2. It is the petitioners' case that their Village Council is nearer to Tehsil Mardan and its residents have their educational, health related, commercial and other activities in Tehsil Mardan, therefore, its detachment from Tehsil Mardan and inclusion into the newly created Tehsil will cause hardships and inconvenience to the public at large. It has also been averred in the petition that the impugned Notification has been issued on the wishes of the sitting local MPA i.e. respondent No.10 and as such the inclusion is based on sheer mala fide on the part of the respondents having nothing to do with the welfare and convenience of the locals of the Village Council.
3. Para-wise comments were filed by the respondents, wherein issuance of the desired writ has been opposed.
4. Arguments heard and record gone through.
5. Residents of Village Council, Qasim may not be happy over the inclusion of their area in the newly established Tehsil but the legal position is that according to Section 6 of the Land Revenue Act, 1967, each district may be divided into such Tehsils or Sub-Tehsils with such limits and such areas, as the government may by Notification specify. As per 1 subsection (2) of Section 6 of the Act ibid, the government may, by Notification, vary the number and limits of District and Tehsil in the province. Since the government has a legal mandate, per provisions of the Land Revenue Act, 1967, to carve out new Districts, Tehsils and Sub-Tehsils through a Notification, therefore, the respondents were well within their competence to detach the area of Village Council, Qasim from the existing Tehsil and include it in the newly established one.
6. Contention of learned counsel for the petitioners that inclusion of the petitioners' Village Council into the newly created Tehsil Ghari Kapura will cause inconvenience and create hardships to the residents of the area instead of bringing any development and prosperity to it is of no use to the petitioners as this Court in the exercise of its constitutional jurisdiction under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, cannot determine whether the newly created Tehsil will bring convenience to the people of the petitioners' Village Council or otherwise. Besides, creation of new Districts and Tehsils, detachment of some area from one Tehsil and its inclusion into another are purely administrative, and policy decisions of the Government legality or otherwise of which cannot be questioned before the Court in a writ petition which has a very limited scope.
7. For what has been discussed above, this petition, being bereft of any merit, is hereby dismissed. SA/351/P Petition dismisse