Law: West Pakistan Waqf Properties Ordinance, (XXVIII of 1961)

Section: 7 , 6

West Pakistan Waqf Properties Ordinance (XXVITI of 1961)--- ----Ss. 7 & 6---Constitution of Pakistan (1973), Art.199---Constitutional petition.--Maintainability---Petitioner, without availing right of appeal under S.7 of the Ordinance impugned Notification by the Provincial Government issued, under S.6 of the Ordinance on the ground that property acquired was Shamlat Deh which would not come within the purview of the provisions of the Ordinance---Held, exercise of jurisdiction under Art.l99 of the Constitution would not only frustrate the intention of legislature but would also deprive the petitioner from the remedy of appeal provided under the Ordinance---Constitutional petition thus was not maintainable in view of the availability of other effective, efficacious and comprehensive remedy under S.7. Haji Ghulam Rasool and others v. Chief Administrator of Auqaf P L D 1906 Lah. 978; Syed Muhammad Ali Shah Bukhari v. Chief Administrator of Auqaf 1972 S C M R 297; Muhammad Sharif v. Chief Administrator of Auqaf 1971 S C M R 713 and Mumtaz Hussain alias Bhutta v. Chief Administrator of Auqaf 1976 S C M R 450 ref. S. Sajjad Raza Jafri with Ch. Mushtaq Ahmed Khan for Petitioners. Riaz Kayyani for Respondents . Date of hearing: 7th April, 199 0 . JUDGMENT The petitioners have challenged the Notification No. SOP-1(88) Auqaf/77 dated 19-1-1977, issued by the Chief Administrator Auqaf under section 6 (1) of the West Pakistan Waqf Properties Ordinance 1961 (Ord. XXVIII of 1961) (hereinafter referred to as an Ordinance taking over and assuming the administration, control, management and maintenance of shrine of Hazrat Hafiz Dewan Sahib and the wadf properties attached thereto. The details of the properties is given in the schedule. The main ground urged by the petitioners is that the impugned Notification is without lawful authority as the property in dispute is a Shamlat Deh which does not come within the purview to provisions of the Ordinance. According to the grounds taken by the petitioners even the Dargah Sharif itself is situated on one of the Khasras of Shamlat Dch and as such the same also could not have been taken through the impugned Notification. To…