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Civil Petition for Special Leave to Appeal No. 133 of 1971, decided on 29th October 1971.

(On appeal from the order of the Lahore High the 22nd June 1971, in Writ Petition No. 800 of 1971).

Constitution of Pakistan (1962),

Art. 98 read with West Pakistan Waqf Properties Ordinance (XXVIII of 1961), Ss. 6 & 7 Person aggrieved by a notification under S. 6 not availing adequate M' alternative remedies available under S. 7 of Ordinance‑High Court, Kh held, rightly dismissed writ petition‑Petition for special leave to appeal dismissed.

Sh. Masud Akhtar, Advocate‑on‑Record for Petitioner.

Nemo for Respondent.

Date of hearing : 29th October 1971.

The Chief Administrator of Auqaf, Punjab, by a Notification under section 6 of the West Pakistan Waqf Properties Ordinance, 1961, assumed the administration, control and management of a certain land as waqf property. The petitioner denied the land to be a waqf property and asserted his personal interest therein. Accordingly, he made a writ petition under Article 98 of the 1962‑Constitution calling in question the validity of the said Notification. The High Court dismissed the writ petition on the ground that the petitioner has an adequate alternative remedy under section 7 of the said Ordinance. Section 7 of the Ordinance provides that any one aggrieved by a Notification under section 6 can move the District Judge having the territorial jurisdiction to have a declaration that the property in question is not a waqf property. An appeal against the decision of the District Judge lies to the High Court. In view of the remedies available under the Ordinance, the High Court was right in dismissing the writ petition. In fact, the petitioner, as conceded by the learned counsel, has since moved the District Judge under section 7 of the Ordinance.

The petition is dismissed.

Petition dismissed.

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