' LIAQAT ALI SHAH, J.---Through the instant writ petition the proceedings before the political authorities under section 8 FCR have been called in question wherein one Imran son of Gul Faraz vide application dated 31-7-2006 had requested for the recovery of Rs,1,7200,000 from Gul Jamal, Abdul Hanan and Said Rehman sons of Wajihuddin resident of Tall Tehsil and District Hangu. The application is dated 31-7-2006.
2. Learned counsel for the petitioner contended that the said proceedings have been initiated to counterblast a civil suit which was instituted in the court of Senior Civil Judge Peshawar on 19-5- 2005 as in that case the close relatives of the petitioner before the political authorities are impleaded as defendants whereas in the application before the APA, the close relatives of the plaintiff in the civil suit are impleaded ' as respondents. The learned counsel contended that the proceedings initiated before the political authorities are in order to counterblast the A civil suit which was instituted earlier. He while referring to 1982 SCM R 1022 submitted that this Court has the jurisdiction and can issue a writ to the authorities, exercising powers under the FCR and that the petitioners are not residents of the tribal area concerned as such they cannot/ could not be proceeded against by the political authorities.
3. On the other hand the learned counsel for respondents submitted that the proceedings before the political authorities were competently instituted and that in view of the specific bar contained under Article 247(7) of the Constitution, this Court lacks jurisdiction.
4. We have considered the arguments of learned counsel for the parties.
5. Section 8 of the FCR provides that where the Deputy Commissioner is satisfied that a dispute exists which is likely to cause a blood-feud etc. Or mischief or a breach of the peace, or in which either or any of the parties belongs to a frontier tribe he may, if he considers that the settlement thereof in the manner provided by this section will tend to prevent or terminate the consequences anticipated, and if a suit is not pending in respect of the dispute, make an order in writing, stating the grounds of his being so satisfied and can refer the dispute to a Council of Elders, ' Section 9 of the Regulation provides the effect of decree on finding of Council.
6. The submission of the learned counsel that the authorities under the FCR could not take cognizance of the matter as the petitioners herein are not the residents of that area is, as such misconceived keeping in view the above referred provision. The next submission of the learned counsel for the petitioner about the jurisdiction of this court, we are afraid this may not be strictly in accordance with the bar contained in the Constitution. The High Court is creation of Constitution and cannot travel beyond the limits which are imposed by the Constitution. Reliance is placed on PLD 2002 SC 526. Against the order of political authorities right of appeal is available under the FCR before the Commissioner FCR and against the order of Commissioner FCR, a remedy before the Tribunal FCR is available in revision. When in the same hierarchy proper forums are provided, we are unable to understand as to why the jurisdiction of this court, is being invoked in case when the authorities under the FCR act strictly according to law.
' For what has been discussed above, this petition stands dismissed in limine.