| Citation(s) |
|---|
| 2025 SLG 4321 2025 SLD 4321 = 2025 CLC 1186 |
Lahore High Court, Bahawalpur Bench, Bahalwalpur
Writ Petitions Nos. 2916 of 2006 and 7305 of 2019, decided on 8th April, 2024
Before Ahmad Nadeem Arshad, J
Abdul Mughni Farani and Syed Fouz-ul-Kabir for Petitioners. Usman Sultan for Petitioners (in C.M. No. 1723 of 2024). Tahir Mahmood Mufti, Deputy Attorney General for Pakistan for
Respondents. Ch. Muhammad Jameel, Assistant Attorney General for Pakistan for
Respondents. Malik Zafar Iqbal Awan, Additional Advocate General for
Respondents. Abdul Khaliq Khan Saddozai, Advocate/Law Officer of Cholistan Development Authority Bahawalpur for
Respondents. Rao Nasir Mahmood for
Respondents. Fazal Mahmood Chughtai for
Respondents (in C.Ms. Nos. 3738 and 3739 of 2012). Muhammad Khalid, Deputy Collector Irrigation, Bahawalpur for
Respondents.
Writ Petitions Nos. 2916 of 2006 and 7305 of 2019, decided on 8th April, 2024
Before Ahmad Nadeem Arshad, J
Abdul Mughni Farani and Syed Fouz-ul-Kabir for Petitioners. Usman Sultan for Petitioners (in C.M. No. 1723 of 2024). Tahir Mahmood Mufti, Deputy Attorney General for Pakistan for
Respondents. Ch. Muhammad Jameel, Assistant Attorney General for Pakistan for
Respondents. Malik Zafar Iqbal Awan, Additional Advocate General for
Respondents. Abdul Khaliq Khan Saddozai, Advocate/Law Officer of Cholistan Development Authority Bahawalpur for
Respondents. Rao Nasir Mahmood for
Respondents. Fazal Mahmood Chughtai for
Respondents (in C.Ms. Nos. 3738 and 3739 of 2012). Muhammad Khalid, Deputy Collector Irrigation, Bahawalpur for
Respondents.
Sahibzadi SAIRA MEHREEN ABBASI and others ---Petitioners
VERSUS
FEDERATION OF PAKISTAN and others ---Respondents
Law: Acceding State (Property) Order, 1961
Section: 12,3
Law: Constitution of Pakistan, 1973
Section: 199
Acceding State (Property) Order, 1961 (P.O. No. 12 of 1961)-------Art. 3---Constitution of Pakistan, Art. 199---Notification No. SRO-436(I) 2006 dated 10-05-2006 issued by Government of Pakistan through Secretary States and Frontier Regions Division---Constitutional petition---Maintainability---Acceding State property---Distribution among legal heirs---Petitioners were aggrieved of Notification No.SRO-436(I) 2006 dated 10-05-2006 issued by Government of Pakistan through Secretary of States and Frontier Regions Division, whereby specific Wandas regarding the property of late Ameer of Bahawalpur Sir Sadiq Muhammad Khan Abbasi, were made in favour of his twenty three legal heirs on the recommendation of Implementation Committee---Validity---Ultimate decision of devolution and distribution of the property of late Ameer of Bahawalpur, as per Acceding State (Property) Order, 1961, rested with the Federal Government--Where any question arises directly or indirectly between persons claiming to be heirs and successors of Ruler of a State or claiming to succeed to the State, concerning devolution and distribution of any property of that State or of the Ruler, such question would be decided under Art. 3 of Acceding State (Property) Order, 1961, by an order of Central Government---Central Government was made the Arbitrator for the settlement of the disputes between the persons claiming to be the heirs and successors of the Ruler, concerning the devolution and distribution of his property---High Court declined to interfere in the matter as it lacked jurisdiction--Constitutional petition was dismissed in circumstances.Brig. His Highness Nawab Muhammad Abbas Khan Abbasi, Ameer of Bahawalpur v. Government of Pakistan, through the Joint Secretary, Ministry of States and Frontier Regions, Rawalpindi and 23 others PLD 1978 Lah. 1166; Government of Pakistan v. Brig. His Highness Nawab Muhammad Abbas Khan Abbasi and others PLD 1982 SC 367; Brig. H.H. Nawab Muhammad Abbas Khan Abbasi, Ameer of Bahawalpur v. Government of Pakistan and others PLD 1984 SC 67; Prince A.M. Abbasi and another v. Federal Government through Secretary and 24 others PLD 2002 SC 170; Brig. His Highness Nawab…