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Petitioner: MUHAMMAD ALI AND OTHERS VS Respondent: GOVERNMENT OF N.W. F. P. THROUGH COMMISSIONER, PESHAWAR AND OTHERS
Court Name: Supreme Court of Pakistan Judge(s): Mian Burhanuddin Khan, Muhammad Haleem Title:MUHAMMAD ALI AND OTHERS vs GOVERNMENT OF N.W. F. P. THROUGH
COMMISSIONER, PESHAWAR AND OTHERS Case No.: Civil Petition No, 96-P of 1983 Date of Judgment:1983-10-22 Reported As: 1984 SCMR 31 Result: Petition dismissed Judgment ORDER ' MUHAMMAD HALEEM, ACTG. C. J.-In this petition the learned counsel for the petitioner challenged the order dated 16th September, 1971, by which the Administrator of Auqaf, N.-W. F. P., directed that the disputed plots be put to auction of which the petitioners were the tenants. We asked the learned counsel for the petitioner as to whether there is any legal bar against the auction of lease- hold right, but he was unable to point out any. There is also another hurdle in the way of the petitioners and that is the bar of jurisdiction of civil Court to go into this question by reason of section 17 of the Waqf Ordinance, 1961, and the subsequent enactments repealing and re-enacting it in which the same provision exists. The High Court, accordingly, has held that the jurisdiction of the Civil Court was completely ousted and we agree with it. ' There is, therefore, no merit in this petition which is hereby dismissed.