Law:

Section:

West Pakistan Waqf Properties Ordinance (XXVIII of 1961).-----S. 6---Constitution of Pakistan (1973), Art. 199 Constitutional petition--­Taking over control, management and administration of shrine by Auqaf Department in 1971---Station Commander Pakistan Army of the Cantonment subsequently taking over control and management of the shrine from Auqaf--­Validity---Auqaf Department had invited tenders to auction income of shrine in 1993, whereupon Station Commander of Cantonment concerned, taking over control of the shrine on the pretext that by such action of Auqaf Department, any one including enemy agent could have been installed in a very sensitive area---Petitioner, a private individual challenging taking over of shrine by Station Commander and praying for handing over same to him---Locus standi---Entitlement---Station Commander of Cantonment could not have assumed management of shrine from Auqaf Department under any law--­Ownership of land which allegedly vested, in the State did not entitle its functionaries to take over possession from Auqaf Department---As for petitioner's entitlement to challenge the action of Station Commander in taking over management, control and administration, his claim tl4at he was devotee of the shrine would vest in him title of aggrieved person entitling him to file Constitutional petition---Petitioner, however, could not claim, control, management and administration of shrine for having not raised his little finger for a number of years when Auqaf Department had taken over control, management and administration of shrine---Station Commander was directed by High Court to hand over control, management and administration of shrine to Auqaf Department and a copy of was forwarded to Defence Secretary for taking necessary remedial measures in future. Akhtar Abbas and others v. Nayyar Hussain 1982 SCMR 549; Islamic Republic of Pakistan v. Muhammad Saeed PLD 1961 SC 192 and Tariq Transport Company, Lahore v. The Sargodha-Bhera Bus Service, Sargodha and others PLD 1958 SC (Pak.) 437 ref. M.D. Tahir for Petitioner. Rana Nasar Ullah for Respondent No.1. Riaz Kiani for Respondents Nos. 2 and 3. Date of hearing: 15th March, 1995. JUDGMENT The…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492