HAIDER KHAN vs SHER KHAN S — 2024 PLD 30 QUETTA-HIGH-COURT-BALOCHISTAN

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HAIDER KHAN VS SHER KHAN S. 2---Constitution of Pakistan, Arts. 246 & 247 [as amended through Constitution (Twenty-Fifth Amendment) Act (XXXVII of 2018)---Balochistan Civil Courts Ordinance (II of 1962), Preamble---Civil Procedure Code (V of 1908), O. VII, R. 10---Notification No.240/ RHC/JM/2019 dated 10-10-2019 issued by the Balochistan High Court---Civil suit filed by a private person where Government is also a party (to the suit)---Maintainability---Suit filed by the plaintiff/ petitioner was returned under O. VII, R. 10 of the Civil Procedure Code, 1908, by the Court of Qazi under S. 2 of the Balochistan Civil Disputes (Shariat Application) Regulation, 1976 ('the Regulation, 1976'), which order was maintained by the Appellate Court---Validity---Record revealed that both the Courts below, while not entertaining his claim, had not referred to (suggested) to the petitioner the competent Court having jurisdiction---In the earlier scheme of the Regulation, 1976 where the government functionary was a party to a lis, the Court having jurisdiction was Court of Civil Judge but after promulgation of Constitution (Twenty-Fifth Amendment) Act, 2018, Art. 246 of the Constitution was inserted/amended, whereby the tribal areas were merged into respective provinces---Regulation, 1976 was applicable in tribal areas of Balochistan, but after the Constitution Twenty-Fifth Amendment, the tribal areas had been merged and made part of the Province of Balochistan, hence the tribal areas were no more in existence ; powers enjoyed by the President of Pakistan in case of Federally Administrated Tribal Areas ('FATA') and the Governor of Balochistan in case of Provincially Administrated Tribal Areas ('PATA') were no more available to them under Art. 247(4) of the Constitution---In view of Notification No. 240/RHC/JM/2019 dated 10-10-2019 issued by the Balochistan High Court, the litigations pending before the Qazi Courts and Member Majlis-e-Shoora exercising jurisdiction under the Regulation, 1976, stood transferred to the Civil Courts having original jurisdiction constituted under the Balochistan Civil Courts Ordinance, 1962---Matters related to the civil disputes were to be adjudicated by the Civil Courts constituted under the Balochistan Civil Courts Ordinance, 1962, thus the petitioner having any civil dispute regarding property might approach a Civil Court having ordinary jurisdiction---Constitutional petition was disposed of accordingly.

HAIDER KHAN vs SHER KHAN S — 2024 PLD 30 QUETTA-HIGH-COURT-BALOCHISTAN

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