1991 PLP 841 (CLC)

Writ Petition No.1037 of 1991, decided on 12th February, 1991. ‑‑‑‑ S.6 ‑‑‑ Constitution of Pakistan (1973), Art.199 ‑‑‑ Property in dispute attached to a shrine of saint was duly taken over as Waqf property by Chief Administrator of Auqaf ‑‑‑ Petitioner claiming to be grandson of saint, did not take any proceedings against such taking over before concerned Authority under the Ordinance even after lapse of three decades ‑‑‑ Petitioner having failed to avail remedies available to him under law regulating factum of taking over Waqf properties, Constitutional petition, could not be entertained at belated stage against taking over of property. Muhammad Naeem for Petitioner. The petitioner claims to be grandson of Sain Bolaqi Shah whose shrine on land measuring 4 kanals 3 marlas and 66 sq.ft, a mosque, 13 residential quarters, Soap factory, Plastic factory and Metal factory as well as eleven temporary structures and a drinking well bearing Khasra Nos. 2338‑2339 situated in the Revenue Estate of Shish Mahal, Lahore was taken over under section 6 of the West Pakistan Waqf Properties Ordinance, 1959, for its administration, control, management and maintenance by the then Chief Administrater of Auqaf, West Pakistan vide Notification No.3 (179)‑Auqaf‑60 dated 29‑10‑1960. According to the petitioner he submitted an application, sometime in 1990, to the Chief Minister Punjab on the subject of Release of Mazar Takia Sain Bulaqi Shah and vide Memo. No.US. IV/AA. 136/90/45011 dated 9‑8‑1990, the Secretary, Auqaf was desired to release Mazar Takia Sain Bulaqi Shah, Lahore and issue a Notification in (No. XXI of 1959) without the petitioner taking any proceedings before the concerned authorities under the said Ordinance and/or its successor Ordinances, he was content with saying that the petitioner has a cause to complain before this Court against the respondent‑Secretary/Chief Administrator Auqaf as he has failed to comply with the direction mentioned in Memo No. US.IV/AA.136/90/45011 dated 9‑8‑1990 on the subject of 'Release of Mazar Takia Sain Bulaqi Shah'.

3. I am afraid the contention has no force whatsoever. The then Chief Administrator of Auqaf had taken over the waqf properties attached to shrine of Sain Bulaqi Shah Qutab Road, Lahore as described in the schedule thereto, vide Notification No.3 (179)‑Auqaf‑60 dated 20‑8‑1960 (Annex. A' to this petition) and it is not denied that the action of taking over of the waqf property by the said Notification dated 20‑8‑1960 was not challenged by the petitioner claiming that the property is not waqf property. The remedies available to the petitioner under the law regulating the facturn of taking over the waqf properties by the respondent Chief Administrator of Auqaf having not been availed of within the contemplation of the law applicable, the instant writ petition cannot be entertained at this stage. If the respondent department is contemplating the release of Mazar Takia Sain Bulaqi Shah as contended by the petitioner the remedy of the petitioner lies before the said authorities. No action having been taken by the Chief Administrator of Auqaf on the lis sought to be brought before this Court the instant petition is without any merit and the same is accordingly dismissed in limine. H.B.T./J‑102/L Petition dismissed.