Law:

Section:

(a) Punjab Waqf Properties Ordinance (XXVIII of 1961)--- ----Ss. 6 & 7---Punjab General Clauses Act (VI of 1956), S. 2 (41)---Acquisition of property as waqf property---Notification not published in the Official Gazette---Effect---Petition against declaring the property as waqf property was filed which was accepted---Validity---Notification in question was not published in the Official Gazette at the relevant time rather published on 06-01-1993---Proposed notification issued by the department on 23-08-1992 was having no legal value and same could not be enforced through any judicial proceedings as before the publication, same had no substance---Claim of petitioner before the District Judge by challenging notification dated 23-08-1992 could not be adjudicated upon by a Court of law---No relief was available to the petitioner with reference to the notification published in the year 1993 in the Official Gazette---Trial Court had not only set aside the notification dated 23-08-1992 but also subsequent notification published in the Official Gazette on 06-01-1993---Relief qua notification dated 06-01-1993 was an excessive relief than that of one claimed by the petitioner in his petition---Impugned order to such extent was result of illegality and in excess of jurisdiction---Petition moved before the District Judge was declared to be defective one and no proceedings were required to be initiated on such petition---Findings recorded by the Trial Court were based on erroneous consideration which were not sustainable in the eye of law and same were set aside---Petition filed by the petitioner before the District Judge was dismissed---Appeal was allowed in circumstances. (b) Notification--- ----Notification not published in the Official Gazette had no legal sanctity. Muhammad Suleman and others v. Abdul Ghani PLD 1978 SC 190 and Government of the Punjab, Food Department through Secretary Food and another v. Messrs United Sugar Mills Ltd., and another 2008 SCMR 1148 rel. THIS JUDGMENT DELIVERED BY: IBAD-UR-REHMAN LODHI, JUSTICE:---.--- The present respondent has challenged the validity of Notification No. SOP-II-3(39)A/ 92, dated 23.08.1992 issued by the present…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492