2024 PLP 2108 (CLC)
ABDUL SATTAR through Legal Heirs and others — Petitioners Versus SECRETARY, MINISTRY OF RELIGIOUS AFFAIRS AND INTERFAITH HARMONY, ISLAMABAD and others — Respondents
| Citation | 2024 PLP 2108 (CLC) |
| Forum / Court | Sindh (Hyderabad Bench) |
| Bench Members | N/A |
| Parties | ABDUL SATTAR through Legal Heirs and others — Petitioners Versus SECRETARY, MINISTRY OF RELIGIOUS AFFAIRS AND INTERFAITH HARMONY, ISLAMABAD and others — Respondents |
| Primary Law | Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975) |
Q1: What are the key laws and sections cited in 2024 PLP 2108 (CLC)?
This judgment primarily cites: Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2024 PLP 2108 (CLC)?
The case was heard and decided by the Sindh (Hyderabad Bench) bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2024 PLP 2108 (CLC) (ABDUL SATTAR through Legal Heirs and others — Petitioners Versus SECRETARY, MINISTRY OF RELIGIOUS AFFAIRS AND INTERFAITH HARMONY, ISLAMABAD and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Arshad S. Pathan and Safdar Hussain Laghari for Petitioners.
- Atta Hussain Gaddi Pathan for Respondents Nos.2 to 4.
- Muhammad Yousif Rahpoto, Assistant Advocate General, Sindh.
Headnotes / Summary
Ss.8 & 10
Declaration of property as evacuee trust property only on the basis of reference filed by Evacuee Trust Property Board and reply thereto by the petitioner without recording evidence of both sides
Decision of the Chairman Evacuee Trust Property Board concluding that the property in question was an evacuee trust property was solely based on a reference and its reply
Entries in the revenue record, allegedly based on a will, were considered a primary reason for the impugned decision, however, the absence of the attached will to establish the property's religious, educational, or charitable nature weakened the claim
Petitioner's claim that the property was acquired through a public auction was deemed significant, as S.10 of the Evacuee Trust Properties (Management and Disposal) Act, 1975, provided prima facie protection for bona fide transfers made by authority against verified claims
Both parties were entitled to a fair opportunity to establish their respective stances regarding the property's status, whether it was an evacuee trust property or an evacuee property
Impugned orders were set aside, and the case was remanded to the Chairman Evacuee Trust Property Board for further proceedings to decide the issues involved
Constitutional petition was disposed of, in circumstances.
Judgment & Decree
This matter was heard at some length earlier and R&Ps called. Record revealed that neither the Assistant Administrator, Evacuee Trust Property Board, who filed reference for declaring property as "evacuee trust property", recorded evidence in support of his Reference nor the respondent/ petitioner was allowed to record evidence in support of his defence that it was not trust property and that Permanent Transfer Deed (PTD) is saved by virtue of Section 10 of the Evacuee Trust Properties (Management and Disposal) Act, 1975, which provides a cut-off date for all bona fide transfers. The Chairman Evacuee Trust Property Board though, on the strength of only Reference and reply thereto, concluded that it was an evacuee trust property. Entries made in revenue record, constituting main reason for impugned decisions, which entry allegedly caused on the basis of a Will. Admittedly, no Will in support of such contention that it was attached to any religious, educational or charitable purpose was attached and produced/proved to establish its nature, let alone mere entry in revenue khata. Similarly, the petitioners' case that it was acquired by way of public auction is also of importance as the savings, provided in Section 10 of the Evacuee Trust Properties (Management and Disposal) Act, 1975 is for bona fide transfers. It only prima facie saved transfers (PTDs) made by authority against "verified claims" whereas, petitioner's case is of acquisition by public auction. Be that as it may, we would not comment much at this stage since both the learned counsel namely Mr. Muhammad Arshad S. Pathan and Mr. Atta Hussain Gaddi Pathan have agreed that in all fairness an opportunity ought to have been provided to both the litigants to establish their respective stance that it either is an evacuee trust property or an evacuee property, notwithstanding the grounds they respectively raised. In view of the above and as agreed we set-aside the two orders: one passed by the Secretary Ministry of Religious Affairs and Interfaith Harmony Islamabad dated 15.12.2021 and the order of the Chairman Evacuee Trust Property Board dated 04.02.2021 and remand the case to the Chairman Evacuee Trust Property Board having camp office at Karachi to decide the issues involved in the matter, preferably in three months' time. R&Ps be sent back to the Chairman ETPB as well as to the appellate/revisional authority respectively, in two (02) days' time. SA/A-9/Sindh Case remanded