Law:

Section:

Punjab Waqf Properties Ordinance (IV of 1979)------Ss. 3, 4, 7 & 11---Punjab Auqaf Department Delegation of Powers Rules, 1960, R.4---General Clauses Act (X of 1897), S.21---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Notification of taking over control of mosque---Withdrawal of Notification---Chief Administrator, Auqaf vide Notification, had taken over control of a mosque and appointed a manager to manage and maintain the same---Said Notification, later on, was withdrawn by a subsequent Notification on reference received from District Nazim and a petition from `Namazian' of said mosque---Subsequent Notification whereby earlier Notification was withdrawn, had been challenged by petitioner contending that Administrator Auqaf was not empowered to withdraw earlier Notification---Section 21 of General Clauses Act, 1897, provided that power to make, amend, vary or rescind orders, rules, or bye-laws were available to the Authority---Authority competent to snake order, in circumstances had power to undo it, but order could not be withdrawn or rescinded once it had taken legal effect and certain rights were created in favour of any individual and principle of "Locus Poenitentiae" would be available---Mosque in question was statedly run by registered Anjuman and it was alleged that petitioners were not allowing people of other sect to say their prayers in said mosque---Mosque was meant for the people to offer their prayers and it was right of every Muslim to enter into mosque and make his prayer in accordance with Injunctions of Qur'an and Sunnah according to his own religious school of thought---Mosque is for all Muslims of any sect because it was house of `Almighty Allah'---Right was vested to all muslims, not to a particular person, sect, group or particular school of thought and it was in the interest of all muslim community of area concerned---Nothing was mentioned in the impugned Notification of withdrawal that said Notification was issued under direction of any Minister---Administrator of Auqaf, while issuing impugned Notification, had applied his own mind accepting request of people of area---Administrator Auqaf, being fully…

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