Law:

Section:

West Pakistan Waqf Properties Ordinance (XXVIII of 1961)---S.7---Limitation Act (IX of 1908), Ss.3, S & 14--Constitution of Pakistan (1973), Art.185 (3)--Petitioners had challenged taking over of property by Auqaf Department, before various forums--Such forums found that they had no jurisdiction--Petitioners taking benefit of High Court's observation that they could take appropriate proceedings under the provisions of Ordinance XXVIII of 1961 filed application under S.7 of the Ordinance--Application was dismissed as time-barred--Leave to appeal was granted to consider whether law could not at all come to the assistance of the petitioners in so far as the hearing of the case on merits, at least once, was concerned and could Supreme Court dispense justice, in that behalf, if not any other Court on account of some technical constraints. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought through this petition against the dismissal of petitioners' first appeal, which had arisen out of a case under Waqf Ordinance. 2. A property was taken over by the Auqaf Deptt: through a notification on the assumption that it was waqf property. Challenge was made to this take over, according to the learned counsel, before various forums including the Evacuee Property Trust Board and Civil Courts. But, it was without any success, as every forum held that it had no jurisdiction in the matter. Ultimately, the High Court while dismissing an earlier R.S.A. of the petitioners' side in 1985 observed as follows:- "However during the course of arguments, learned counsel conceded that the proper remedy for the appellants was a petition under section 7 of the West Pakistan Waqf Properties Ordinance, 1961 and not a suit before the civil Court. This concession was offered in terms of section 17 of the aforesaid Ordinance. Learned counsel in these circumstances, does not press the appeal and reserves his right to agitate the matter before the District Judge, Lucia in a petition under section 7 of the Ordinance stands disposed of as not pressed. However, the present appellants, if so advised, can take appropriate proceeding under the provisions of Ordinance XXVIII of 1901 which…

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