Law: Islamabad Capital Territory Administration Order (18 of 1980)

Section: 2

Islamabad Capital Territory (Administration) Order (P.O. No.18 of 1980)--- ----Art.2---Establishment of Office of Wafaqi Mohtasib (Ombudsman) Order, 1983 (P.O. 1 of 1983), Art.21---Wafaqi Mohtasib, jurisdiction of---Islamabad Capital Territory, status of province---Petitioner was a Housing Society who was aggrieved of order passed by Wafaqi Mohtasib (Ombudsman) who treated petitioner as agency and passed an order during pendency of dispute before Cooperative authorities---Plea raised by petitioner was that Wafaqi Mohtasib did not have any jurisdiction in the matter---Validity---Housing societies which were registered under Provincial Law formed subject matter of Province and were not regarded as Federal entity, therefore, petitioner society was not an agency---Lis was already pending before authorities by way of review and jurisdiction of Ombudsman was ousted under Islamabad Capital Territory (Administration) Order, 1980 [as amended]---Nojurisdiction was vested either with Federal Government or Wafaqi Mohtasib to issue direction to any Tribunal or Court---High Court set aside the decision passed by authorities---Constitutional petition was allowed accordingly. Capital Development Authority through Chairman and another v. Zahid Iqbal and another PLD 2004 SC 99; Capital Development Authority through Chairman v. Raja Muhammad Zaman Khan and another PLD 2007 SC 121 and (W.P. No.2406/2021) Shuja Hussain Kiyani v. Director, FIA Islamabad and others ref. JUDGMENT AAMER FAROOQ, J.----The petitioner, in the instant petition, has challenged orders dated 02.05.2017 and 17.08.2016 passed by respondents Nos.1 and 3, respectively. 2. The facts, leading to filing of the instant petition, are that respondent No.7 was allotted a plot by the petitioner which is a housing society registered under the Cooperative Societies Act, 1925 (the Act). Litigation ensued between the parties with respect to the payment of additional dues and the matter was decided by respondents Nos.4 to 6. Respondent No. 7 also agitated the matter before respondent No.3 which complaint was dismissed vide order dated 17.08.2016 on the question of jurisdiction. Respondent No.7 filed a representation before…

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