BANDAI SHAH and 9 others vs BOARD OF REVENUE, N.W.F.P, through Senior
This matter concerns a petition for leave to appeal before the Supreme Court of Pakistan regarding the jurisdictional authority of the Board of Revenue within the Provincially Administered Tribal Areas. The core legal question presented for examination is whether the Board of Revenue possesses the requisite jurisdiction under Section 56 of the North-West Frontier Province Tenancy Act, 1950, which was extended to the Provincially Administered Tribal Areas via the Provincially Administered Tribal Areas (Application of Laws) Regulation, 1974. Specifically, the Court seeks to determine if the explicit extension or application of the Board of Revenue Act, 1957, to these areas is a legal necessity, or if the provisions of the North-West Frontier Province Tenancy Act, 1950, are sufficient to confer such jurisdiction independently. The Court granted leave to appeal to resolve this question of statutory interpretation regarding the interplay between the Tenancy Act and the Board of Revenue's authority in the specified tribal regions. The Court directed that notice be issued to the Advocate-General and expedited the hearing of the appeal.
- Does Section 56 of the North-West Frontier Province Tenancy Act, 1950, confer jurisdiction upon the Board of Revenue in the Provincially Administered Tribal Areas?
- Is the separate application or extension of the Board of Revenue Act, 1957, necessary for the Board of Revenue to exercise jurisdiction in the Provincially Administered Tribal Areas under the North-West Frontier Province Tenancy Act, 1950?
- Section 56, North-West Frontier Province Tenancy Act, 1950
- Provincially Administered Tribal Areas (Application of Laws) Regulation, 1974
- Board of Revenue Act, 1957
ORDER
SHAFIUR RAHMAN, J.---Leave to appeal is granted to examine whether the Board of Revenue has not been conferred jurisdiction by reference under section 56 of the North-West Frontier Province Tenancy Act, 1950 extended to the Provincially Administered Tribal Areas by Provincially Administered Tribal Areas (Application of Laws) Regulation, 1974 (Regulation of 1974) enforced on 17-4-1974, the separate extension/application of the Board of Revenue Act, 1957 to the Provincially Administered Tribal Areas being unnecessary for the purposes of N.-W.F.P. Tenancy Act on account of this provision.
2. Notice to the Advocate-General also be issued.
3. To be completed early for hearing.