Law: Sindh Waqf Properties Ordinance, 1979

Section: 7(1),11

Law: Sindh Waqf Properties Ordinance, 1979

Section: 7(1),11

Law: Constitution of Pakistan, 1973

Section: 199

Sindh Waqf Properties Ordinance (IX of 1979)-------Ss. 7(1) & 11---Constitution of Pakistan (1973), Art.199---Constitutional petition---Maintainability---Notification was issued by Chief Administrator Auqaf whereby shrine was taken over under management and control of Auqaf Department---Petitioner and his forefathers being Gadinasheens/Mutawalies of the shrine were maintaining the said shrine and had assailed said notification---Validity and scope---Section 11 of the Sindh Waqf Properties Ordinance, 1979 had provided forum of District Court for the redress of the grievance of the litigants, said forum was competent to entertain and adjudicate upon the lis amongst the parties and constitutional petition could not be maintained for the reasons that alternate remedy was available and the petition under Art.199 of the Constitution was only maintainable when no other alternate or efficacious remedy was available to the parties for redressal of their grievance---Principles. Haji Abdullah v. Mst. Gohar Sultana 1984 MLD 1097 fol. PLD 1963 SC 322; PLD 1972 SC 279; 1999 CLC 1568; 2001 MLD 1013; PLD 1997 SC 401 and PLD 1966 SC 536 distinguished. Mukesh Kumar G. Karara for Petitioner. Imtiaz Ali Soomro, Asstt. A.-G. for Respondents Nos.1 to 4. Abdul Qadir Shaikh for Respondents Nos.5 to 15. ORDER ARSHAD NOOR KHAN, J.---By this constitutional petition, the petitioner has challenged the notification dated 3-1-2008 issued by the Chief Administrator Auqaf, whereby shrine of Sadaruddin Shah has been taken over under management and control of Auqaf Department. The facts necessary for disposal of the. present petition in brief are that the petitioner is the Sajjada Nasheen/Mutawali of Dargah Hazrat Syed Sadaruddin Shah Badshah and the forefathers of the petitioner remained as Mutawali/Gadi Nasheen of the aforesaid shrine since 1725 till the issuance of the notification, dated 3-1-2008. The petitioner and his forefathers being Gadi Nasheens/Mutawalis of the shrine were maintaining the said shrine and the Chief Administrator Auqaf vide Notification dated 9-3-2006 de-notified the earlier status of the property acquired by the department vide its Notification dated 16-1-2006 and…

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