MUHAMMAD SHARIF vs CHIEF ADMINISTRATOR OF AUQAF, PUNJAB, LAHORE — 1971 SCMR 713

Citation: 1971 SCMR 713

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-10-29

Parties: MUHAMMAD SHARIF vs CHIEF ADMINISTRATOR OF AUQAF, PUNJAB, LAHORE

Headnotes

Case cited as 1971 SCMR 713

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Mujibur Rahman Khan, Sajjad Ahmad Jan Title: MUHAMMAD SHARIF vs CHIEF ADMINISTRATOR OF AUQAF, PUNJAB, LAHORE Case No.:Civil Petition for Special Leave to Appeal No. 133 of 1971 Petition No. 800 of 1971 Date of Judgment:1971-10-29 Reported As: 1971 SCMR 713 Result: Petition dismissed Judgment ORDER M. R. KHAN, J.--The Chief Administrator of Auqaf, Punjab, by a Notification under section 6 of the West Pakistan Waqf Properties Ordinance, 1961, assumed the administration, control and management of a certain land as waqf property. The petitioner denied the land to be a waqf property and asserted his personal interest therein. Accordingly, he made a writ petition under Article 98 of the 1962-Constitution calling in question the validity of the said Notification. The High Court dismissed the writ petition on the ground that the petitioner has an adequate alternative remedy under section 7 of the said Ordinance. Section 7 of the Ordinance provides that any one aggrieved by a Notification under section 6 can move the District Judge having the territorial jurisdiction to have a declaration that the property in question is not a waqf property. An appeal against the decision of the District Judge lies to the High Court. In view of the remedies available under the Ordinance, the High Court was right in dismissing the writ petition. In fact, the petitioner, as conceded by the learned counsel, has since moved the District Judge under section…

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