P L D 2011 Lahore 263 (PLP)

RAUF AHMAD SHEIKH, J.

The petitioner has challenged the order dated 25-6-2010 and issuance of registration certificate in favour of Jamia Masjid Gulzaray Medina Ahle Sunnat Wal Jamat Hanfi Bralvi, Moza Kello Tehsil Kallar Kahar District Chakwal. It is contended that the petitioner is performing the duties as Imam of the, Mosque, which was constructed by contributions made by him and Haji Muhammad Kafait and donations given by Mst. Sarwar Begum, resident of Talagang, etc. It is alleged that respondent No.2 with the help of some people of the village, who follow 'Baraylvi' school of thought started making interference in the affairs of the Mosque so litigation started regarding management and other related affairs, which is pending in the Civil Court. It is contended that respondent No.2 in connivance with respondent No.1 had got the Mosque registered under the Societies Registration Act, 1860, although under the law the Mosque, a place of offering prayers and worship of Almighty Allah cannot be registered in view of section 1 read with section 21 of the Societies Registration Act, 1860.

2. The record annexed with the petition shows that the petitioner and others had also applied for registration of the Anjman-e-Montzama Al-Madina Jamia Masjid Syedna Siddique Akbar (R.A), Mauza Kello, Union Council Bharpur, Tehsil Kallar Kahar, District Chakwal', wherein the name of the petitioner is given at Serial No.2 of the list of the office-bearers. Though not conceded but it appears that the application moved by respondent No.2 was accepted and the registration was granted to the Society mentioned above. The contention that the Mosque cannot be registered under the Societies Registration Act, has no force. If the objects of the Society include the welfare of the poor, passengers. and widows in addition to the maintenance of the Mosque then the Society would be deemed to be involved in charitable activities as the word 'charitable' used in section 1 of the Societies Registration Act, 1860, is to be construed in its wider sense. If the religious education alone or in addition to ordinary education is imparted in the Mosque, the same would be deemed to be Deeni Maddrassah' within the meanings of section 21 of Act No.XXI of 1860, added through the Societies Registration (Amendment) Ordinance, 2005. The assertion that the Mosque or 'Anjman' responsible for its administration is not mentioned in section 21 of Act,' No.XXI of 1860 is no ground to declare the registration illegal as the questions pertaining to involvement in the charitable activities as mentioned above and imparting of education, which are determining factors for grant of registration under Act No.XXI of 1860 cannot be adjudicated upon in the writ jurisdiction. These are questions of fact, which require evidence and can be decided only after appraisal of the same. It is specifically mentioned in the petition that the parties are litigating against each other and the disputed matter is pending before the Civil Court, which is the appropriate forum to resolve the controversy. For this reason also the writ petition is not maintainable. The writ petition is without merits and the same is dismissed in limine. A.R.K./A-36/L Petition dismissed.