MUHAMMAD ALI AND OTHERS vs GOVERNMENT OF N.W. F. P. THROUGH COMMISSIONER, PESHAWAR AND OTHERS
This petition challenges an order dated 16th September, 1971, issued by the Administrator of Auqaf, N.-W. F. P., directing the auction of disputed plots where the petitioners were tenants. The core legal question concerns whether there is any legal bar against the auction of leasehold rights and whether the jurisdiction of civil courts is barred in such matters. The Supreme Court held that the petitioners failed to point out any legal bar against the auction of leasehold rights, and furthermore, the jurisdiction of civil courts is completely ousted by virtue of section 17 of the Waqf Ordinance, 1961, and subsequent repealing and re-enacting enactments. The petition was accordingly dismissed, affirming the ouster of civil court jurisdiction and the legality of the auction of leasehold rights under the relevant legislation.
- Is there any legal bar against the auction of leasehold rights by the Administrator of Auqaf?
- Does section 17 of the Waqf Ordinance, 1961 oust the jurisdiction of the civil court to question the auction of leasehold plots?
- Section 17, Waqf Ordinance 1961
ORDER
1. ' MUHAMMAD HALEEM, ACTG. C. J.-In this petition the learned counsel for the petitioner challenged the order dated 16th September, 1971, by which the Administrator of Auqaf, N.-W. F. P., directed that the disputed plots be put to auction of which the petitioners were the tenants. We asked the learned counsel for the petitioner as to whether there is any legal bar against the auction of lease- hold right, but he was unable to point out any. There is also another hurdle in the way of the petitioners and that is the bar of jurisdiction of civil Court to go into this question by reason of section 17 of the Waqf Ordinance, 1961, and the subsequent enactments repealing and re-enacting it in which the same provision exists. The High Court, accordingly, has held that the jurisdiction of the Civil Court was completely ousted and we agree with it.
2. ' There is, therefore, no merit in this petition which is hereby dismissed.