MUHAMMAD NASEEM Versus CHIEF ADMINISTRATOR OF AUQAF, PUNJAB, LAHORE

Petitioner Muhammad Naseem has moved this constitutional petition praying therein . that the impugned notice dated 2p‑1‑1988 issued by the respondent, Chief Administrator of Auqaf, Punjab, Lahore, may be declared to be without lawful authority and of no legal consequence. Similarly other petitioners, namely, Ghulam Muhammad, Mehraj Din, Muhammad Aslam, Mian Muhammad Akbar, Khan Muhammad Akhtar, Mian Fazal Hussain, Muhammad Khan, Mian

Ghulam Jillani, Muhammad Aslam son of Bagh Ali, Malik Muhammad Khalid, Ghulam Muhammad son of Ghulam Mohayyud Din, Muhammad

Rafique, Muhammad Hussain have challenged the same notice through Writ Petitions No.1078, 1080, 1081, 1082, 1083, 1084, 1085, 1086, 1087, 1088, 1089, 1090, 1091 of 1988 respectively. I, therefore, propose to dispose of all these petitions together because common questions of law and facts arise in all these matters.

2. The case in brief is that the writ‑petitioners are the tenants under the respondent in respect of shops situated near Data Darbar, Lahore. The petitioners have been paying the rent to the respondent regularly and have never violated the terms and conditions of their lease. On 20‑1‑1988 petitioners received notices, whereby they were informed that their lease in respect of the shops in question have been cancelled by the respondent and that they should handover the vacant possession of the shops to the respondent immediately.

3. The learned counsel for the petitioners contended that they are the tenants of the shops in question under the respondent and that they have been paying the rent of the shops regularly. It is stated that they never violated the terms and conditions of their lease. The learned Legal Advisor of the respondent is present. Muhammad Shabbir Malik, Project Director, Data Darbar Mosque, is also present. He has made a statement in Court. The contention of the Legal Advisor of the respondent is that they are ready to accommodate the writ petitioners at an alternate place by giving them the iron‑sheet cabins. The above said Project Director has conceded in his statement that the petitioners are the tenants for the last 15 to 20 years under the respondent. He stated that the respondent is acting on a development scheme, under which a mosque has been built and further that a Shopping Plaza shall be constructed by the respondent in the neighbourhood of the Shrine of Data Sahib in the near future. The Project Director has stated that they have constructed iron‑sheet cabins, which shall be allotted to the writ petitioners. He further stated that the petitioners shall be accommodated in the Shopping Plaza in future. The petitioners are satisfied with the statement made by the Project Director in Court. I have heard the learned counsel for the parties. The parties have entered into a compromise. The respondent shall provide alternative business premises to the writ petitioners within a period of four days and further they shall also accommodate the petitioners in the proposed Shopping Plaza, la which shall be erected in future by the respondent. In view of the, statement of Muhammad Shabbir Malik, Project Director of Data Darbar Mosque and the assurance given by the Legal Advisor the petitioners shall be allotted business premises within a period of four days. The writ petitions are disposed of accordingly as having borne fruit.

S.Q./M‑630/L Order accordingly