Malik ABDUL RAHIM KHAN vs GOVERNMENT OF BALOCHISTAN Ss — 2025 PLD 98 QUETTA-HIGH-COURT-BALOCHISTAN

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Malik ABDUL RAHIM KHAN VS GOVERNMENT OF BALOCHISTAN Ss. 5 & 6---Creation of a new district---Policy decision of Provincial Government---Petitioners, being residents of Killa Abdullah city, assailed the notification declaring the District Headquarter Killa Abdullah to be Pir Alizai instead of Killa Abdullah and sought the declaration of Killa Abdullah city to be District Headquarter of District Killa Abdullah---Validity---Constitution or re-constitution/creation of Divisions, Districts or subdivisions and to vary limits of a District or a subdivision or Tehsil is essentially an administrative measure falling within the statutory provisions of Ss. 5 & 6 of the Balochistan Land Revenue Act, 1967, to which the presumption of regularity is attached---Sections 5 & 6 of the Balochistan Land Revenue Act, 1967, empower the Government of Balochistan (GoB) to vary the number and limits of Divisions, Districts, or to create new Divisions and Districts---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---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 the stipulation that Killa Abdullah city shall continue to remain as permanent Headquarter of District Killa Abdullah---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 which, 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---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 subdivision city Chaman and subdivision Saddar Chaman with Tehsil city Chaman and Tehsil Saddar Chaman) and District Killa Abdullah with its Headquarter at Jungle Pir Alizai---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 whether it be at Killa Abdullah city or at Jungle Pir Alizai---Record reveals that even 15-Acres of Government land is not available in Killa Abdullah city; on the contrary, sufficient Government land is available in Jungle Pir Alizai---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---Thus, 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---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---Decision of the Provincial Cabinet did not suffer from any unfairness, unreasonableness or arbitrariness on the part of the GoB warranting interference by the High Court in its constitutional jurisdiction---Constitution petitions were dismissed, in circumstances.

Malik ABDUL RAHIM KHAN vs GOVERNMENT OF BALOCHISTAN Ss — 2025 PLD 98 QUETTA-HIGH-COURT-BALOCHISTAN

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