Mrs. RIAZ AKHTAR LATIF vs THE CHIEF ADMINISTRATOR AUQAF
This matter arises from a petition for leave to appeal directed against the dismissal of the petitioner's First Appeal by the High Court, which upheld the District Judge's order dismissing the petitioner's application under section 7 of the West Pakistan Waqf Properties Ordinance 1961 as time-barred. The core legal question concerns the determination of limitation regarding applications filed to challenge notifications issued by the Chief Administrator Auqaf assuming administrative control of disputed Waqf properties. The Supreme Court granted leave to appeal to examine the question of limitation and the other points raised in the petition, while directing that the case be linked with a similar pending matter. Furthermore, the request for interim relief was refused subject to the condition that the respondent maintain full accounts to facilitate potential future reimbursement or compensation.
- Whether an application filed under section 7 of the West Pakistan Waqf Properties Ordinance 1961 is barred by limitation?
- Can leave to appeal be granted to examine the question of limitation in Waqf property disputes?
- Is interim relief granted against the assumption of administrative control of Waqf property by the Chief Administrator Auqaf?
- Section 7, West Pakistan Waqf Properties Ordinance 1961
ORDER
1. MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal has been sought in this Waqf matter; against the dismissal by the High Court, of petitioner's First Appeal against the order of District Judge.
2. The petitioner's application before the District Court under section 7 of the West Pakistan Waqf Properties Ordinance XXVIII of 1961 for setting aside the concerned Notification, of the Chief Administrator Auqaf Government of Punjab taking over and assuming the administrative control, management and maintenance of the property in dispute on the assumption that it is Waqf Property, was dismissed as time-barred.
3. The High Court having maintained the order regarding bar of limitation, the petitioner has now sought leave to appeal.
4. After hearing the learned counsel for the caveator who on pointing out by the Court has stated that leave to appeal has been granted for examination of the question of limitation as is involved in this case; but, he does not recall the particulars of the case concerned.
5. Be that as it may, leave to appeal is granted in this case to examine the said question as also the points raised in this petition. The office with the help of the learned counsel for the caveator would trace out the afore referred case and would link the same with this case for purpose of hearing together.
6. Security Rs.2,000.
7. Appeal shall be prepared on present record with direction to the parties to file all essential documents which would be necessary for disposal of the appeal.
8. Request for grant of interim relief is refused with the observation that full accounts shall be maintained by the respondent side with a view to comply with any order if and when made for reimbursement or compensation to the petitioner as a result of the final decision in this case.