Law:

Section:

(a) Constitution of Pakistan (1973)- -- Art. 199 read with West Pakistan Waqf Properties Ordinance (XXI of 1959), S. 7(l)-Aggrieved person-No petition challenging take over of property by Auqaf Department filed nor managing body of property (mosque) nor even imam Masjid or any interested person impleaded as party in appeal before District Judge after Auqaf Department withdrew its earlier notification taking over management of property-Petitioner being one of persons to whom possession had been delivered, in circumstances, had a locus standi to look after interest of mosque and further since be bad also been appointed­Treasurer of petitioner organisation notwithstanding same having been constituted later, held, had locus standi 'to file writ petition.-[Locus standi]. (b) West Pakistan Waqf Properties Ordinance (XXI of 1959)- --- Ss. 7(1) & 17-Jurisdiction of civil Courts-Property taken over by Auqaf Department through notification - Notification not challenged-Respondents on other hand went on paying rent for about 9 years to Auqaf Department and filing declaratory suit in civil Court thereafter-Section 17 of Ordinance, held, barred such other remedy and ousted jurisdiction of civil .Court and District Judge unlawfully assumed jurisdiction to decide appeal on merits.-[Jurisdiction]. (c) West Pakistan Waqf Properties Ordinance (XXI of 1959)- ----- Ss. 7(1) & 17-Property taken over by Chief Administrator of Auqaf by notification but respondents not challenging same under S. 7(I ) nor taking recourse to any other remedy-Notification taking over property, held, became final and could not have been challenged by respondents on any ground whatever.-[Notification]. (d) West Pakistan Waqf Properties Ordinance (XXI of 1959)-- -- S. 6-Withdrawal of notification of take over-Effect-Property taken over by Auqaf Department through notification but such notification subsequently withdrawn-Withdrawal of notification-Held: Meant release of property without affecting its status-Respondent's suit for declaration having been dismissed due to civil Court having had no jurisdiction and such position if upheld by District Judge in appeal finding on title of property by civil…

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