Sayyed MUHAMMAD ALI SHAH BOKHARI vs Tim CHIEF ADMINISTRATOR OF — 1972 SCMR 297

Citation: 1972 SCMR 297

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: Sayyed MUHAMMAD ALI SHAH BOKHARI vs Tim CHIEF ADMINISTRATOR OF JUDGMENT

Headnotes

Case cited as 1972 SCMR 297

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Sajjad Ahmad Jan Title:Sayyed MUHAMMAD ALI SHAH BOKHARI vs Tim CHIEF ADMINISTRATOR OF JUDGMENT Reported As: 1972 SCMR 297 Result: Leave refused Judgment JUDGMENT SAJJAD AHMAD, J.-The Chief Administrator of Auqal assumed the control, management and maintenance of the Dargah of Syed Muhammad Ismail Shah (commonly known as Hazrat Karmanwala) in Chak No. 56/2-L, Tehsil Okara, by a notification dated the 26th of February 1971, under section 6 of the West Pakistan Waqf Properties Ordinance No. XXVIII of 1961. The petitioner , who is a son of the late saint, filed an application under section 7 of the aforesaid Ordinance before the Distri ct Court, Sahiwal, for a declaration that the property in question was not Waqf property , and, therefore, could not be taken over as waqf. That case is pendin g before the District Judge. Not- -withstanding this remedy invoked by him, the petitioner filed a writ petition in the High Court, challenging the action of the Chief Administrator of Auqaf, on the ground that it was unlawful and witho ut legal authority , as it was not preceded by a show---cause notice to him. The writ jurisdiction was invoked on the ground, inter alia, that the Ordinance, which provided a remedy by way of an application to the District Judge, precluded the remedy of an injunction by the District Judge or the High Court, on appeal, to restrain the Chief Administrator , Auqaf, from interfering with the…

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