Haji MUHAJEREEN vs AKBAR SAID Reglns — 2022 PLD 22 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 PLD 22 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: PLD
Parties: Haji MUHAJEREEN vs AKBAR SAID Reglns
Subject matter: Constitutional

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Haji MUHAJEREEN VS AKBAR SAID Reglns. 8 & 55-a---Withdrawal of proceedings under Frontier Crimes Regulations, 1901 (FCR)---Petitioners sought restoration of disputed property---Decision of Jirga was maintained by Federally administered Tribal areas Tribunal---Validity---Petitioners had rightly made a request for withdrawal of their application initially filed before assistant Political agent whereby they had submitted their claim before the then existing adjudication forum available under the erstwhile regime of FCR---Petitioners sought permission to file fresh suit before competent civil Court established in the area---High Court entertained verbal request of petitioners in peculiar circumstances of the case---application before assistant Political agent was a simple application which was not capable of being proceeded as a plaint before a civil Court---Even if that application was placed before Civil Court for adjudication, the same was bound to fail for having formal defects---Sufficient grounds existed to allow petitioners to withdraw their application with permission to file fresh suit before competent Civil Court for redressal of their grievances---High Court set aside order passed by Federally administered Tribal areas Tribunal---Constitutional petition was allowed accordingly. Head NotesCase Description

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