How can we change village name in Pakistan | how to change the name of the village name in Pakistan in Urdu

Village name changed by government against the will of people of locality.

سپریم کورٹ کا بڑا فیصلہ۔ گورنمنٹ خیبر پختون خواہ نے گاؤں کا نام تبدیل کر دیا۔ جس کے بعد گاؤں کے لوگوں نے رٹ فائل کی ھائیکورٹ میں کہ گورنمنٹ نے گاؤں کےلوگوں کی مرضی کے خلاف نام تبدیل کر دیا ھے۔ اور گاؤں کے نام کے بعد سکول کا نام بھی گورنمنٹ نے تبدیل کر دیا۔

ھائیکورٹ نے قرار ددیا کے اخبار میں اشتہار دینا لازمی تھا جو کورنمنٹ نے نہ دیا اور نہ ہی گاؤں کے لوگوں سے راۓ لی گئی۔

ھائی کورٹ نے گورنمنٹ کا نام ختم کر کے . پرانا نام بحال کر دیا اور سپریم کورٹ نے ھائی کورٹ کا فیصلہ برقرار رکھا۔

SUPREME COURT OF PAKISTAN

(Appellate Jurisdiction)

PRESENT:

Mr. Justice Munib Akhtar

Mr. Justice Shahid Waheed

Ms. Justice Musarrat Hilali

for tb

Civil Appeal No. 1444 of 2013

[On appeal against the Judgment dated 08.10.2013 passed by the Peshawar

High Court, Abbottabad Bench, in W.P. No. 187-A of 2012]

Jehanzeb son of Khushal Khan and others

VERSUS

Government of Khyber Pakhtunkhwa

through Chief Secretarg, Peshawar and

others

. .. Appellant(s)

...Respondent(s)

For the Appellant(s)

Mr. Muhammad Ikram Ch., ASC

Syed Riffaqat Hussain Shah, AOR

For the Respondent(s)

Mr. Muhammad Wajid Khan, ASC

Mr. Zahid Yousaf Qureshi, AOR

Date of Hearing

07. 1 1.2023

JUDGMENT

£MusaTrat :IfiIaIi, 'L– Through this appeal, the appellants have

assailed the judgment of the Peshawar High Court, Abbottabad

Bench dated 08. IO.2013, whereby Writ Petition No. 187-A/2012

filed by the private respondents was allowed.

The crux of the matter is that by way of a Notification

No.7825-50 /Rev:VI/4/A.Q/2008 dated

1 2.C)4.20 1 0 ,

the

Government of N.W.F.P. (now Khyber Pakhtunkhwa) changed the

name of village Tambah Maha to Maira Swati Abad and in

pursuance of the said Notification name of the Government Middle

School Tambah was also changed to Government Middle School

Maira Swati Abad by the EDO (E&S), Mansehra vide order dated

03.07.2010. The said notifIcation and subsequent order were

declared null and void by the High Court vide its judgment dated

08.10.20 13, which is impugned herein.

record

Heard learned counsel for the parties and perused the

4. Civil Appeal No.1444 of 2013

-2-

4. The record reveals that the inhabitant of Tamba Maira

moved an application to the DCO Mansehra for changing the name

of Tamba Maira as Maira Swati Abad. On the basis of the said

application, Resolution No.319 was passed by the Provincial

Assembly, Khyber Pakhtunkhwa whereafter vide Notification dated

12.04.2010 issued by the Secretary to Government of NWFP,

Revenue & Estate Department, Peshawar, the name of Tamba

Maira was changed to Maira Swati Abad. On 14.09.2011, another

application by some inhabitants of Tamba Maha was made to the

DCO wherein it was stated that population of the village is more

than thirty thousand comprising different communities/classes,

therefore, naming the village on a specific class’s name in a secret

way is unjustified. The DCO on 17. IO.2011 forwarded the said

application to the Secretary to Government of Khyber

Pakhtunkhwa (Respondent No. 1) to review the process adopted for

the change of name of Tamba Maira. However, no action had been

taken on the said application so far. The DCC), in his letter dated

17.10.2011, had pointed out to the Secretary, Revenue & Estate

Department that proper procedure, as per the Khyber

Pakhtunkhwa Local Couhcils Naming and Renaming of Public

Places Rules, 1994 (the Rules) published vide Gazette Notification

No.AOV/LCB/ 1-44/85 dated 10.08.1994, had not been followed

while changing the name of village. The relevant clause of the said

Notification is reproduced hereinbelow for an immediate reference:

“2. A Council may, with the prior approual of

Government, assign a name to a road, street, square,

park or any other public place or change the name of

any such road, street, square, park or any other public

place.

Provided that no such name shall be assigned or

changed, unless the proposal of naming or re-naming,

as the case may ben, has been published in press for

inviting objections and suggestions of public in such

manner as a Local Council may determine” .

The above referred Rules relate to assigning a name to a road2

street, square, park or any other public place or renaming any

such road, street, square, park or any other public place. Nothing

has been said in these Rules about changing the name of a village

However, we think that the procedure, as laid-down for assigning

or renaming of a road, street, square, park or any other public

4. Civil Appeal No.1444 of 2013

-3 -

place, shall also be adopted by the Government before issuing

Notification under Para 7.69 of the Land Record Manual, in the

matter of changing the name of a village as the official name of a

village is used in land revenue record, postal zone and other official

and private documents, therefore, objections/suggestions of the

inhabitants of village need to be invited through publication in

newspapers. In the instant case neither any publication in the

newspapers inviting objections/suggestions from inhabitants was

made nor local council was invalued in the process, which made

the whole process discriminatory and downright illegal. About the

question raised regarding delay and laches, we are satisfied that

the laches, if any, should not be entertained in the interest of

general public .

5. For the foregoing reasons, we are of the view that as

population of the village Tamba Maha is more than thirty

thousand, obviously it is a matter of great concern for the

inhabitants if name of their village is changed without seeking

their opinions/suggestions, hence, rights of the public at large had

been violated by not making it public and without inviting

objections and suggestions from the inhabitants of the village

before issuing Notification under Para 7.69 of the Land Record

Manual and the High Court has rightly declared the said

Notification dated 12.04.2010 and subsequent Order dated

23.07.2010 to be null and void. The High Court, while doing so,

has further observed that the authorities may do the change after

inviting objections from the public at large. We are in agreement

with the findings given by the High Court in the impugned

judgment and maintain the same. Consequently, the Civil Appeal

is dismissed

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