2024 PLP 716 (YLR)
Mst. SHAHNAZ BIBI and others — Appellants Versus OMBUDSPERSON (MOHTASIB) PUNJAB and others — Respondents
| Citation | 2024 PLP 716 (YLR) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Mst. SHAHNAZ BIBI and others — Appellants Versus OMBUDSPERSON (MOHTASIB) PUNJAB and others — Respondents |
| Primary Law | Punjab Enforcement of Women's Property Rights Act (X of 2021) |
Q1: What are the key laws and sections cited in 2024 PLP 716 (YLR)?
This judgment primarily cites: Punjab Enforcement of Women's Property Rights Act (X of 2021) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2024 PLP 716 (YLR)?
The case was heard and decided by the Lahore 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 716 (YLR) (Mst. SHAHNAZ BIBI and others — Appellants Versus OMBUDSPERSON (MOHTASIB) PUNJAB and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zahid Mehmood Ch. for Petitioners.
- Muhammad Sultan Anjum for Respondent No.2.
- 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.
Headnotes / Summary
S. 7
Constitution of Pakistan, Art. 199
Constitutional petition
Complaint to Ombudsperson
Conditions prescribed under S. 7 of the Punjab Enforcement of Women's Property Rights Act
Non-compliance of
Effect
Petitioners were aggrieved of order passed by Ombudsperson allowing complaint filed against them
Plea raised by the petitioners was that order had been passed without fulfilling the requirements prescribed under S. 7 of the Punjab Enforcement of Women's Property Rights Act, 2021 ('the Act 2021')
Record, evidently, revealed that no compliance of requirements as envisaged under section 7 of the Act, 2021 was made, which (non-compliance) had manifested unlawfulness qua exercise of jurisdiction and non-adherence to the ratio settled in the case reported as Ali Ahmad and 4 others v. Ombudsman (Mohtasab) Punjab and 6 others (PLD 2023 Lahore 711)
High Court , while abstaining from touching the merits of the case, as it would prejudice the proceedings before the respondent/Ombudsman (Mohtasab) as well as pending litigation before the Civil Court, set-aside the order passed by the respondent/Ombudsman (Mohtasab) and directed that complaint of the respondent would be deemed pending before the Mohtasab who would proceed to adjudicate upon the same in the context of the effect of S. 7 of the Punjab Enforcement of Women's Property Rights Act, 2021
Constitutional petition was allowed, in circumstances.
Judgment & Decree
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.l.
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 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 others (PLD 2023 Lahore 711). 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. MQ/S-11/L Petition allowe