Pakistan Case LawMst. SHAMIM AKHTAR Versus CHIEF ADMINISTRATOR, AUQAF, PUNJAB, LAHORE and 2 others
This petition for special leave to appeal arises from a judgment of the Lahore High Court, which dismissed an appeal against an order of the District Judge, Lahore. The petitioner, claiming to be an allottee of a property on Hall Road, Lahore, challenged a 1968 notification by the Chief Administrator of Auqaf declaring the property as waqf. The petitioner initially filed an application under the Punjab Waqf Properties Ordinance in 1969 seeking a declaration that the property was not waqf, which was dismissed in 1970 on the grounds of limitation. Subsequent attempts to seek relief via a review application in 1982 and an appeal to the High Court in 1984 were also dismissed. The Supreme Court examined whether the petitioner's claims were maintainable given the significant delays. The Court held that the petitioner failed to adhere to the law of limitation at every stage of the proceedings. Consequently, the Court refused to grant leave to appeal, affirming that the matter was time-barred and not a fit case for judicial interference. The judgment reinforces the strict application of limitation periods in legal proceedings.
- Can a legal challenge against a notification declaring a property as waqf be entertained if it is filed beyond the statutory period of limitation?
- Does the failure to comply with the law of limitation at the trial stage preclude the maintainability of subsequent appeals and review applications?
ORDER
SAAD SAOOD JAN, ACTG. CJ.---This is a petition for special leave to appeal from the judgment dated 16-12-1992 of the Lahore High Court whereby the first appeal against the order of the District Judge, Lahore, was dismissed.
2.The petitioner claims to be an allottee of Property No, S.1 B.IV-20-S12 situate on Hall Road, Lahore. On 7-10-1968 the Chief Administrator of Auqaf issued a notification declaring the said property to be waqf in nature and assumed its administration and control. On 24-2-1969 the petitioner moved an application before the District Judge to seek a declaration that the said property was not waqf. The application was dismissed on 30-5-1970 on the ground that it was barred by time. In 1982 she moved a review application before the District Judge. It was dismissed on 30-12-1982. On 15-12- 1984 she filed an appeal in the High Court. This too has been dismissed. She now seeks leave to appeal from this Court.
2A. Apparently, the petitioner had no regard for the law of limitation. Her application under section 7 of the Punjab Waqf Properties Ordinance was clearly barred by time. The same was true of her review application and the appeal before the High Court. This is thus not a fit case for interference by this Court. Leave is refused. 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.
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