Summary: Art. 247 (7) Constitution of Pakistan. O. VII, R.10 C.P. S. 54 S.R Act. Jurisdiction of Courts pertains to matter hailing from tribal Areas.

Summary: S.42 SRA,S.3,4 PATA(Nifaz-e-Nizam-e-Sharia)Regulation 1994:Declaratory suit--Cases in PATA be decided according Regulations of 1994 after repeal of 1975 laws

Summary: S.15(7)RRO 1959,2nd appeal in PATA,not maintainable,Amending Ord,1979,stood automatically extended being issued when constitution was held in abeyance

Summary: Plj Peshawar 51 (db) Present Jalaluddin Akbarji And Qazi Ehsanullah Qureshi JJ Gujar Khan and 3 others - Petitioners versus Government OF Nwfp and 16 others - Respondents Writ Petition No 225 of 1995 decided on 241996 (i) Forests Act 1927 (xvi of 1927) - - Ss 41 76 - - Nwfp Management of Protected Forest Rules 1975 R 19 - Constitution of Pakistan (1973) Art 199 - Forest in Provincially Administered Tribal Areas being State property are controlled by R 19 North - West Frontier Province Management of Protected Forest Rules 1975 - Payment of royalty to right - holders by Government - Entitlement of local right - holdersForest in Provincially Administered Tribal Areas are the State property - The Commercial exploitation of forest in Pata are controlled by Rule 19 of Nwfp Management of Protected Forest Rules 1975 Local inhabitant where forests are situate are to be paid concessions according to order published in aforementioned Notification dated 15 - 9 - 1972 Concession can be paid to local inhabitants besides 15 of sale proceeds in Quomi Contracts Royalty is paid only to owners of property usually mines etc which are exploited by Government or any other agency Since forest are State property there is no provision of payment of royalty to any person including so - called local right - holders and it would be a concession to be paid to local inhabitants who are to be termed as local right - holders This is a matter which can be negotiated by Government or any other agency on behalf of Government with local inhabitants of Forests [P 61] B (ii) Forests Act 1927 (xvi of 1927) - - Ss 41 76 - - Nwfp Management of Protected Forest Rules 1975 R 19 - Constitution of Pakistan (1973) Art 199 - Contracts and its legal obligations need not be decided by High Court in its Constitutional jurisdiction and same can be settled by Courts of ordinary civil jurisdiction after recording evidence in the matter and passing appropriate decrees [P 62] C (iii) Forests Act 1927 (xvi of 1927) - - - Ss 41 76 - - Nwfp Management of Protected Forest Rules 1975 R 19 - Constitution of Pakistan (1973) Art 199 - Constitutional petition - Local right - holders entitlement for payment of 60 per cent royalty from sale proceeds of forests from commercial sales on basis of agreement - Direction issued by High Court in its Constitutional jurisdiction whether efficacious remedyHigh Court expressing its concern at law and order situation in Tribal AreasParliament or Provincial Assembly cannot provide law to Provincial Administered Tribal Areas Executive Authority of Federation and of Province is seriously challenged in Pata - Politicians and other interested influential persons in Pata are more concerned with their own personal against at the cost of inhabitants of Pata beside drum - beating on religious solgans unleashing Holy Terror in Pata by self - proclaimed custodians of religious law In this melee it is doubtful that the writ of this Court in Pata will be efficacious remedy and curb the manifest illegalities perpetuated in Pata Commercial Sale of the Forest produce in Provincially Administered Tribal Area is grabbed by influentials in Provincially Administered Tribal Areas who can score their own illegal against in concert with the politicians The local inhabitants of Provincially Administered Tribal Areas stew in their own juice The Provincial Government is well advised to act in accordance with the Forest Act (xvi of 1927) and the Nwfp Management of Protected Forests Rules 1975 and distribute the sale proceeds amongst the local inhabitants in accordance with the procedure provided in the Forest Act and Rules framed thereunder by suitable amendments in the Rules [P 62] D (iv) Nwfp Management of Protected Forest Rules 1975 - - - R 19 - Forests Act (xvi of 1927) Ss 41 76 - Constitution of Pakistan (1973) Arts 97 199 - Entitlment to 60 per cent royalty from sale proceeds of forest exploited by Government or on behalf of Government by any other person agency or corporation - Local right - holders of specified area claiming such royaltyFederal Governments directive for payment of royalty - Validity - Forests are residuary subjects out of the ambit of Federal Legislative List and Concurrent Legislative List of Constitution - Directive of Federal Government (for payment of royalty in question) dated 14 - 3 - 1977 was thus not within the meaning of Art 97 of the Constitution - Notifciation dated 14 - 3 - 1977 being in conflict with Forests Act or Rules could not be acted upon [P 59] A Abdul Haleem Khan Shah Sanam Khan and Abdul Latif Afridi Advocate for Petitioners Saifur - Rehman Kiyani AG and Saadat Hussain Dag for RespondentsJudgement Result:Order accordingly.