Case Details

Citation(s)
1996 SLG 1477 1996 SLD 1477 1996 CLC 1328
Lahore High Court
Writ Petition No. 4966 of 1994, decision dated: 25-05-1995
RIAZ HUSSAIN, J
Sardar Muhammad Latif Khan Khosa for Petitioner. Mirza Manzoor Ahmad and Malik Haider Usman, D.A.G. for
Respondents No. 2 to 5

Khawaja MAZHAR FARID KUREJA

VS

GOVERNMENT OF THE PUNJAB and 5 others

Law:

Section:

Punjab Waqf Properties Ordinance (IV of 1979)-------S. 7 (2)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Administrative control of shrine in question, and properties attached to it was taken over by Auqaf Department through Notification dated 15-12-1977---Petitioner claiming to be the. Sajjada Nashin performing services of ceremonies---Validity---Status of Sajjada Nashin could not be conferred upon any person ipso facto---Chief Administrator Auqaf has the prerogative to allow any person to perform any service or ceremony at the shrine---Chief Administrator, Auqaf, however, was not vested with jurisdiction to appoint any one as Sajjada Nashin---Petitioner's claim to be functioning as Sajjada Nashin was quite fallacious and did not reflect correct state of affair--­Chief Administrator, Auqaf did not need guidance and advice of any person (including petitioner as per his claim) to assume administration and control of the shrine---Chief Administrator, Auqaf, however, at his option could dispose of any application if submitted to him by petitioner for performance of any service or ceremony. ORDER Brief facts as alleged in this writ petition are that after the death of Khawaja Faiz Ahmad, the petitioner's father Khawaja Abdul Karim was appointed as Sajada Nashin of Shrine Hazrat Khawaja Ghulam Farid of Kot Mithan Sharif, District Rajanpur. It has been further claimed that even after the death of Faiz Farid son of Khawaja Faiz Ahmad, the petitioner's father continued performing all the duties of Sajada Nashin. He was subsequently inducted as a Sajada Nashin and his Dastarbandi was duly performed. Nawab of Bahawalpur and other celebrities also took part in that ceremony. When Khawaja Abdul Karim died in the year 1992, the petitioner being his male eldest son was inducted as Sajada Nashin of the same shrine wherein the political highups and the elite of the locality took part. 2. Learned counsel for the petitioner submits that Auqaf Department took over the administrative control of the shrine and the properties attached to it vide Notification No. SOP-111(55) Auqaf/60, dated 15-2-1977. He states that even after the Auqaf Department took cage…
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