| Case ID |
0364b330-6e49-49e1-8e9a-0daf500ac376 |
| Body |
View case body. Login to View |
| Case Number |
Constitutional Petition No.385 of 2008 |
| Decision Date |
May 21, 2009 |
| Hearing Date |
|
| Decision |
The court dismissed the constitutional petition filed by Mian Khuda Bux Qureshi, challenging the notification issued by the Chief Administrator Auqaf on January 3, 2008, which took over the management of the shrine of Sadaruddin Shah. The court held that the petitioner, being the Sajjada Nasheen/Mutawali, did not have a maintainable petition as an alternate remedy was available under Section 11 of the Sindh Waqf Properties Ordinance, 1979. It was determined that the District Court was the appropriate forum to address grievances regarding the notification, emphasizing that the constitutional jurisdiction under Article 199 is only maintainable when no other efficacious remedy is available. The decision reaffirmed the importance of following statutory procedures and the role of designated courts in adjudicating disputes related to waqf properties. |
| Summary |
This case involves a constitutional petition filed by Mian Khuda Bux Qureshi against the Province of Sindh concerning the management of a shrine under the Sindh Waqf Properties Ordinance, 1979. The petitioner claimed that the notification issued by the Chief Administrator Auqaf on January 3, 2008, was illegal and violated principles of natural justice as he was not given an opportunity to be heard. The court analyzed the maintainability of the petition and concluded that since a specific statutory remedy was available through the District Court under Section 11 of the Ordinance, the petition could not be sustained in constitutional jurisdiction. The court highlighted the necessity of utilizing the appropriate legal channels for grievance redressal, particularly in matters concerning waqf properties. The decision sets a precedent for similar cases where statutory remedies are in place, ensuring that legal disputes are resolved within the framework established by law. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ARSHAD NOOR KHAN,
MUHAMMAD ISMAIL BHUTTO
|
| Lawyers |
Mukesh Kumar G. Karara,
Imtiaz Ali Soomro,
Abdul Qadir Shaikh
|
| Petitioners |
Mian Khuda Bux Qureshi
|
| Respondents |
14 others,
PROVINCE OF SINDH through Secretary Auqaf, Zakat, Ushar Department
|
| Citations |
2009 SLD 613,
2009 CLC 1175
|
| Other Citations |
Haji Abdullah v. Mst. Gohar Sultana 1984 MLD 1097,
PLD 1963 SC 322,
PLD 1972 SC 279,
1999 CLC 1568,
2001 MLD 1013,
PLD 1997 SC 401,
PLD 1966 SC 536
|
| Laws Involved |
Sindh Waqf Properties Ordinance, 1979,
Constitution of Pakistan, 1973
|
| Sections |
7(1),
11,
199
|