Law:

Section:

(a) Law Reforms Ordinance (XII of 1972)------S. 3---Intra-Court appeal---Practice---Division Bench, in Intra-Court appeal, would confine itself to examination of the of Single Judge and not am, new ground. Mst. Janat Bibi's case 1988 SCMR 1696 and Mst. Murad Begum v Muhammad Rafi PLD 1974 SC 322 ref. (b) Punjab Waqf Properties Ordinance (IV of 1979)--- ----Ss. 16 & 2(c)---Constitution of Pakistan (1973), Arts.129 & 139--­Sale of Waqf property by Chief Administrator---Exercise of executive authority---Conduct of business of Provincial Government---Sale of Waqf property, by Secretary/Chief Administrator Auqaf---Procedure---Chief Administrator Auqaf/Secretary, in the present case, had prepared the summary qua sale of the Waqf property to a private party under the direction of the Chief Minister---Validity---Authority of the Government would be exercised in the name of the Governor by the Provincial Government through the Secretary in view of Arts. 129 & 139 of the Constitution---Competent authority under the provisions of Punjab Waqf Properties Ordinance, 1979 was the Secretary to Government of the Punjab and "higher authorities" were not "Government" in terms of the provisions of the Ordinance---Designation of "higher authority" of the Secretary concerned did not, figure anywhere in the provisions of the Ordinance---First summary on the subject was prepared by the Secretary concerned which was subsequently changed under the directions of the Chief Executive of the Province which meant that Secretary had not applied his independent mind which was a statutory requirement---Any action initiated by the Secretary concerned under the direction of his superior being not in accordance with law impugned sale was not legally valid---Principles. In the present case Secretary Government of the Punjab/Chief Administrator Auqaf had prepared summary qua sale of the property in question to the appellants under the direction of the Chief Minister. The authority of the Government would be exercised in the name of the Governor by the Provincial Government through the Secretary in view of Articles 129 and 139 of the Constitution of Pakistan. The Competent Authority under…

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