SAYYED MUHAMMAD ALI SHAH BOKHARI vs CHIEF ADMINISTRATOR OF AUQAF — 1972 PLD 416

Citation: 1972 PLD 416

Court: Lahore High Court

Year: 1971

Decision Date: 1971-12-31

Parties: SAYYED MUHAMMAD ALI SHAH BOKHARI vs CHIEF ADMINISTRATOR OF AUQAF JUDGMENT

Headnotes

Case cited as PLD 1972 Lahore 416

Judgment Text

Court Name: Lahore High Court Judge(s): Nasim Hasan Shah, A. R. Sheikh Title:SAYYED MUHAMMAD ALI SHAH BOKHARI vs CHIEF ADMINISTRATOR OF AUQAF JUDGMENT Reported As: PLD 1972 Lahore 416 Result: Petition dismissed Judgment JUDGMENT A. R. SHEIKH, J.-The Chief Administrator of Auqaf (respondent No. 1) by notification dated the 26th of February 1971, under section 6 of the West Pakistan Waqf Properties Ordinance No. XXVIII of V64 (hereinafter called the Ordinance) published In the official Gazette of the 9th of March 1971, took over and assumed the administration, control, management and maintenance of the Dargah Syed Muhammad Ismail Shah (commonly known as Hazrat Karamanwala) in Chak No. 56/2.L. Tehsil Okara, District Sahiwal. The present petition under Article 98 of the abrogated Constitution Act of 1962 has been filed by Syed Muhammad All Shah Bokhari claiming that he being the son of the late Saint is the owner of the said property which is not Waqf. In the petition it has been further stated that the petitioner has made an application under section 7 of the Ordinance before the District Court Sahiwal for a declaration to the effect that the property in question is not Waqf property, and the same is pending before the said Court, but because the learned District Judge is precluded from granting the interim relief in the form of an injunction in view of the provisions of section 9 of the Ordinance, the petitioner having no other adequate remedy has been obliged to approach…

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