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Haji NIAZ BADSHAH vs Haji MIR AKBAR arts — 2024 CLC 109 PESHAWAR-HIGH-COURT

Case information

Citation
2024 CLC 109 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
CLC
Parties
Haji NIAZ BADSHAH vs Haji MIR AKBAR arts
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 NIAZ BADSHAH VS Haji MIR AKBAR arts. 199 & 247 (since omitted)---Constitutional petition---Maintainability---Past and closed transaction---Decision by FaTa Tribunal---Petitioners assailed order passed by FaTa Tribunal dismissing revision petition filed against orders of assistant Political agent and Commissioner FCR---Validity---Dispute between the parties was duly adjudicated upon and decided finally while dismissing revision petition on 20-09-2012---at the relevant time there was no further remedy provided under the law---In terms of art.247 of the Constitution, Constitutional petition questioning those orders was not maintainable as jurisdiction of High Court was barred under the Constitution---Merely because after 25th Constitutional amendment, art. 247 of the Constitution was omitted cannot entrust High Court with the jurisdiction pertaining to the matters which were past and closed transactions and decided finally in erstwhile Federally administered Tribal area hierarchy before 25th Constitutional amendment---at the relevant time when constitutional petition was filed, art. 247(7) of the Constitution was very much in the field and jurisdiction of High Court was barred pertaining to matters exclusively dealt with by Federally administered Tribal area hierarchy and had attained finality---after exhausting remedies available then, High Court had no jurisdiction in terms of art. 247(7) of the Constitution---High Court declined to interfere in the order passed by FaTa Tribunal---Constitutional petition was dismissed in circumstances.

Other judgments reported in 2024 CLC

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