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Civil Petition No. 96‑P of 1983, decided on 23rd October, 1983.
(On appeal from the judgment and order dated 16th March; 1983 of the Peshawar High Court, passed in Civil Revision No. 23 of 1982).
‑‑ S. 17‑Auction of leasehold right No legal bar on such auction Jurisdiction of civil Courts completely ousted.
Maulvi Sirajul Haq, Advocate Supreme Court instructed by M. Qasim Imam, Advocate‑on‑Record (absent) for Petitioners.
Nemo for respondents.
.‑‑In this petition the learned counsel for the petitioner challenged the order dated 16th September, 1971, by which the Administrator of Auqaf, N.‑W. F. P., directed that the disputed plots be put to, auction of which the petitioners were the tenants. We asked the learned counsel for the petitioner as to whether there is any legal bar against the auction of lease‑hold right, but he was unable to point out any. There is also another hurdle in the way of the petitioners and that is the bar of jurisdiction of civil Court to go into this question by reason of section 17 of the Waqf Ordinance, 1961, and the subsequent enactments repealing and re‑enacting it in which the same provision exists. The High Court, accordingly, has held that the jurisdiction of the Civil Court was completely ousted and we agree with it.
There is, therefore, no merit in this petition which is hereby dismissed.
M .Z .M Petition dismissed.
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