1994 PLP 547 (CLC)

This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 calls tin question the notification dated 11‑4‑1989 issued by the Chief Administrator of Auqaf, whereby he amended his earlier notification dated 15‑12‑1960 and deleted certain properties mentioned at item No.2 of the Schedule from the earlier notification. The two consequential orders passed by the Deputy Commissioner on 4‑12‑1989 and 23‑4‑1990 have also been assailed in this petition.

2. It is not necessary to state the facts in detail. Suffice, it to say that by notification dated 15‑12‑1960 published in the Gazette of West Pakistan of 17‑12‑1960, the Chief Administrator of Auqaf, took over assumed administration, control, management and maintenance of Jamia Masjid Katcheri, Sheikhupura alongwith the properties mentioned in the Schedule to the said notification. Subsequently some dispute arose between the parties. Ultimately, by virtue of the impugned notification issued by the respondent No.l on 11‑4‑1989, the properties mentioned at item No.2 of the notification dated 15‑12‑1960 were deleted. Later on, the Deputy Commissioner, Sheikhupura passed two orders whereby he transferred the management of these properties to Anjuman Islamia Markazi, Jamia Masjid, Sheikhupura.

3. The main ground urged by the learned counsel for the petitioner in support of this petition is that the impugned notification was issued by the Chief Administrator of Auqaf under the directions of a Minister of the Provincial Government and, therefore, the same was without any lawful authority.

4. This contention of the learned counsel is fully supported by the pronouncement of the Supreme Court in Chief Administrator of Auqaf Punjab v. Muhammad Tufail and 4 others (C.P.S.L.A. No.950/L of 1990, decided on 3‑4‑1991) wherein it was ruled that the Minister of a provincial Cabinet is not a statutory functionary for the purposes of exercising any of the powers under the Punjab Waqf Properties Ordinance, 1979 and, therefore, he could neither direct the taking over of Waqf Properties nor pass any order directing cancellation, once a notification has been issued. The learned counsel for the respondents had nothing substantial to argue In this view of 'the matter, this petition is allowed, the impugned notification and the consequential orders passed by the Deputy Commissioner, Sheikhupura are declared to be without any lawful authority and of no legal effect. The matter is remitted to the Chief Administrator of Auqaf for decision A afresh on its own merits uninfluenced by the directives of the Minister or any other extraneous Agency. No order as to costs. AA./T‑60/L Case remanded.