AKBAR ALI And Others vs CHIEF ADMINISTRATOR OF AUQAF
This matter originated as a petition for special leave to appeal against an order of the High Court, which had disposed of three regular second appeals concerning the ownership and income of a shrine's donation boxes. The core legal question was whether the petitioners, who were engaged in litigation over the property, could still pursue their claims after the Auqaf Department had formally taken over the property via official notifications issued in 1960 and 1964. The Supreme Court held that the High Court's decision was correct, affirming that the property had been validly taken over by the Auqaf Department under the relevant statutory framework. Consequently, the Court ruled that the petitioners must pursue their remedies regarding the disputed property and the deposited income through the specific legal channels provided under the West Pakistan Waqf Properties Ordinance. The key principle laid down is that once property is legally acquired by the Auqaf Department under valid notifications, claimants must seek redress through the statutory forums established by the governing Waqf legislation rather than continuing civil litigation.
- Can claimants pursue remedies for property taken over by the Auqaf Department through civil litigation?
- Does the taking over of property by the Auqaf Department via official notification require claimants to seek redress under the West Pakistan Waqf Properties Ordinance?
- West Pakistan Waqf Properties Ordinance
ORDER
KARAM ELAHEE CHAUHAN, J.--Three regular second appeals being Regular Second Appeal No. 280/60, Regular Second Appeals Nos. 281/60 and 247/60, have been disposed of by the High Court, vide its order, dated 11-6-1974 on the ground that as the property in dispute viz. Income from boxes of the shrine concerned which had been deposited by its Receiver during the pendency of the litigation had been taken over by the Auqaf Department under Notifications, dated 19-10-1960 and 11-7-1964 published in the Gazette of the West Pakistan, Extraordinary, dated 19-10-1960 and 15-7- 1964, respectively, therefore, the petitioners can pursue their remedy to claim the aforesaid amount under the (relevant) West Pakistan Waqf Properties Ordinance, etc. Before the District Judge concerned.
2. The petitioners have come up in a petition for special leave to appeal against the same to this Court.
3. We have heard the learned counsel for the parties and gone through the relevant notifications. It is clear that the property in dispute has been taken over by the Auqaf Department as aforesaid. In the circumstances the view that to claim these properties in any manner the petitioners can pursue their remedies under the aforesaid law in unexceptionable.
4. The result is that this petition has no merit and is dismissed hereby. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.