MUHAMMAD BOOTA Versus CHIEF ADMINISTRATOR AUQAF

ORDER

Muhammad Boota appellant has challenged the order dated 15‑2‑1983 of the learned District Judge, Sialkot whereby he dismissed his petition assailing the notification, dated 5th December, 1975 issued by the respondent under section 7 of the West Pakistan Waqf Properties Ordinance, 1961 declaring the property in dispute as Waqf property.

2. Learned counsel for appellant contended that the impugned decision of the learned Court is contrary to law. It was submitted that appellant had learnt about. the impugned notification on 29‑11‑1976 and filed the petition on 13‑12‑1976, as such the same was not barred by time. It was also contended that in the garb of the impugned notification the Waqf Departmental Authorities took property belonging to the appellant as well as other proprietors of Abadi Deh.

3. I have considered the contentions raised by the learned counsel and perused the impugned order and documents on the file. The impugned notification was published in the Gazette on the 5th December, 1975 and the aggrieved person was required to file petition against the same within one month from the date of publication and not from the day it came to his knowledge. The appellant filed the petition after lapse of about one year and eight days from the date of issue of the notification, therefore, the learned District Judge rightly held that his application was barred by time. As regards the other contention of the learned counsel it is evident that the impugned notification only declared the property mentioned as Waqf property. However, if departmental authorities had taken over any property besides the notified area the appellant may approach the concerned authority for demarcation. Subject to the observation made above, I find no merit in this appeal and dismiss the same.

M.K.K./3232/L Appeal dismissed.