MUHAMMAD SADIQ AND 15 Other vs THE CHIEF ADMINISTRATOR OF AUQAF, — 1972 PLD 780

Citation: 1972 PLD 780

Court: Lahore High Court

Year: 1971

Decision Date: 1971-12-31

Parties: MUHAMMAD SADIQ AND 15 Other vs THE CHIEF ADMINISTRATOR OF AUQAF, JUDGMENT

Headnotes

Case cited as PLD 1972 Lahore 780

Judgment Text

Court Name: Lahore High Court Judge(s): Shamim Hussain Qadri Title:MUHAMMAD SADIQ AND 15 Other vs THE CHIEF ADMINISTRATOR OF AUQAF, JUDGMENT Reported As: PLD 1972 Lahore 780 Result: H. Judgment JUDGMENT Shrine of Hazrat Shah Jahangir Sahib was taken over by the Chief Administrator of Auqaf under the West Pakistan Waqf Properties Ordinance in the year 1961. There is agricultural as well as urban land attached to the shrine measuring 297 kanals, 14 marlas and 6 kanals, 17 marlas respectively. On the urban land there exists a cluster of shops and a few houses on an area of 1 kanal, 13 marlas. The remaining land is lying vacant. The petitioners are paying root of Rs. 1,724 to the Auqaf Department. They claim to have come in possession of the property before it was acquired, and when it was managed by the Mutwallis. This fact is disputed by the Department. The entire piece of land including the area under the shops and the houses was allotted to Ch. Sardar Khan Trust respondent No. 2 for the construction of hospital in August 1969, by Mr. M. Masood, the then Chief Administrator of Auqaf, West Pakistan, notices were issued to the petitioners for their ejectment under rule 7 (2) of the West Pakistan Waqf Properties (Administration) Rules 1960, cancelling their lease, and giving them a period of one month to vacate the premises. This action was challenged by a petition under Article 98 of the Constitution of 1962. 2. The Chief Administrator of Auqaf has to administer the property…

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