Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Lahore High Court on 2023-11-06, officially reported as 2024 YLR 716. In this matter between Mst. Shahnaz Bibi and others and Ombudsperson (Mohtasib) Punjab and others, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.

Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.

Full Judgment Text & Judicial Ruling

Court Name: Lahore High Court Judge(s): Asim Hafeez Title:Mst. Shahnaz Bibi and others vs Ombudsperson (Mohtasib) Punjab and

others Case No.: Writ Petition No. 17710 of 2022 Date of Judgment:2023-11-06 Reported As: 2024 YLR 716 Result: Petition allowed Judgment ORDER ASIM HAFEEZ, J. This constitutional petition throws challenge to order dated 09.03.2022 by respondent No.1, whereby petitioners were directed to vacate the premises, pay rent for the period of illegal possession from 2012 till the date of passing of order and directed Deputy Commissioner to execute the order within seven days. Respondent No.1 further directed for registration of criminal case and directed RPO Sahiwal to facilitate delivery of possession. 2. Primary objection of the petitioners is that order, besides being without jurisdiction, has been passed without fulfilling the requirements prescribed under section 7 of the Punjab Enforcement of Women's Property Rights Act, 2021 ("Act of 2021"). Learned counsel for the" petitioners submits that civil suit is pending adjudication before the Civil Court, instituted before the filing of complaint with respondent No.1. 3. When confronted, learned counsel for respondent No.2 failed to show any reference to the pending litigation and any discussion regarding compliance of requisite conditions identified under section 7 of the Act of 2021. No reference to court, where suit is pending, is found. Learned counsel submits that this Court lacks jurisdiction in terms of section 11-of the Act of 2021, since the order under reference was implemented. 4. Submissions are misconceived. Instant petition was filed on 22.03.2022, wherein question of jurisdiction and defective exercise thereof was raised for adjudication. Question raised is whether mandate of section 7 of the Act of 2021 was followed. On perusal, evidently no compliance of requirements envisaged under section 7 of the Act of 2021 was made, which manifest unlawfulness

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qua exercise of jurisdiction and non-adherence to the ratio settled in case reported as Ali Ahmad and 4 others v. Ombudsperson (Mohtasib) Punjab and 6 ohters (PLD 2023 Lahore711). This court abstains from touching the merits of the case, which would prejudice the proceedings before respondent No.1 and pending litigation before the Civil Court. 5. In view of aforesaid, this petition is allowed, order passed by respondent No.1, dated 09.03.2022, is set aside and complaint of respondent No.2 shall be deemed pending before respondent No.1, who shall proceed to adjudicate upon in the context of the effect of section 7 of the Act of 2021. No order as to costs.

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