Syed Akbar Khan Vs Govt. of KP

JUDGMENT SHEET

IN THE PESHAWAR HIGH COURT,

BANNU BENCH

(Judtcial Department)

C.R.No.183-B/2025 .

Syed Akbar Khan Versus Govt. of K.P and 05 others

JUDGMENT

For petitioner: Mr. Muhammad Usman Khan, Advocate.

For respondents: Nemo (motion case).

Date of hearing: 15,9.2025.

MaHAMMAD TARIO AFRIDI, J.- Through the instant civil revision petition, the petitioner, Syed Akbar Khan, has called into question the validity and legality of the judgment and decree, dated 26.02.2025, passed by the learned Additional District Judge-I, Norttr Waziristan at Bannu, whereby his appeal against the judgment and decree, dated 30.11.2024, rendered by the learned Senior Civil Judge, North Waziristan at Bannu, was dismissed.

2.The factual matrix of the case is that the petitioner instituted a civil suit against the respondents, asserting that he is the elder son of deceased Hanat Khan and, after his death, as per local custom and tradition, he is entitled to all government perks and privileges in the shape of Matikillungi Allowance. It was contended that office letter No.2159/A.P-I/F-30, dated 13.07.2016, issued by respondent No.2, the Commissioner Bannu Division,

Bannu, transferring Maliki/Lungi Allowance in favour of his younger brother Naimat Ullah Khan, the respondent No.6, was unlawful, contrary to facts, ineffective against his rights, ffid liable to be cancelled. Accordingly, he prayed for a decree of declaration and permanent injunction.

3.Upon notice, the respondents contested the suit by filing written statements and raising legal as well as factual objections. From the divergent pleadings of the parties, the learned trial Court framed issues, recorded evidence of both sides, and after hearing arguments, dismissed the suit vide judgment and decree, dated 30.11.2024, holding that the petitioner had failed to establish his claim through cogent and reliable evidence. The appeal filed thereagainst was dismissed by the learned Additional District Judge-I, North Waziristan at Bannu, through the impugned judgment and decree, dated 26.02.2025.

4.I have heard the learned counsel for the petitioner and examined the record of the case.

5.After going through the record, it is noticed that the Courts below confined their reasoning to appreciation of evidence hS failed to consider the most material legal aspect, i.e., thpt with the merger of the erstwhile Federally Administered Tribal Areas (FATA) into the Province of Khyber Pakhtunkhwa through the Constitution (Twenty-

Fifth Amendment) Act, 2018, the Frontier Crimes Regulation (FCR) stood repealed and the entire territory of the tribal districts became subject to the regular constitutional and statutory framework of Khyber Pakhtunkhwa. As a result of this constitutional development, the system of Maliki/Lungi Allowances and privileges, being an offshoot of the old administrative and tribal structure under FCR, no longer retained any legal recognition. Thus, irrespective of the evidence led before the trial Court, the very basis of the petitioner's claim stood extinguished in law. In these circumstances, the claim set up by the petitioner is misconceived and unsustainable.

However, if at any stage the Government or competent authority revives or reintroduces a system of Maliki/Lungi or similar allowances through legislation or administrative policy, the petitioner shall be at liberty to approach the concerned quarter for redressal of his grievance in accordance with law.

6.Resultantly, while the Courts below failed to advert to this vital legal aspect, their ultimate conclusion regarding dismissal of the petitioner's claim does not warrant interference. The instant civil revision petition, therefore, stands dismissed.

Announced.

Dt:15.9.2025. -sd- Imrary'* TUDGE

(S.B)

Hon'ble Mr. Justice MuhanmadTariq Afridi