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GHULAM RASUL versus JOINT SECRETARY, MINISTRY OF RELIGIOUS AFFAIRS


Sections 4 and 17 of the Evacuee Trust Properties (Management and Disposal) Act 1975 and the Evacuee Trust Properties reject such an order have the applicant's claim to the tenant's Lux Standy claim that the vacancy trust in the tenancy of the tenant petitioner. In possession of property, it had no place. Order canceled by the competent authorities in the appropriate exercise of its jurisdiction, [Locus Standi]

1985 M L D 1584

[Lahore]

Before Gul Zarin Kiani, J

GHULAM RASUL--Petitioner

versus

JOINT SECRETARY, MINISTRY OF RELIGIOUS AFFAIRS and others--Respondents

Writ Petition No.1282 of 1984, decided on 27th April, 1985.

Evacuee Trust Properties (Management and Disposal) Act (XLIII of 1975)-

---Ss. 4 & 17--Evacuee trust properties--Order of competent authorities--Locus standi of tenant to impugn such order--Petitioner claiming to be in possession of evacuee trust property in capacity of tenant--Petitioner, held, had no locus standi to impugn order passed by competent authorities in proper exercise of their jurisdiction, -[Locus standi].

Master Chiragh Din v . Abdul Hakim and others P L D 1974 Lah. 370 and Nisar Ahmad and 2 others v. Additional Secretary Food and Agriculture, Government' of Pakistan, Islamabad and 3 others 1979 SCMR 389 ref.

Muhammad Younis Bhatti and Kanwar Muhammad Younis for Petitioner.

Mian Bashir Ahmad Bhatti, Khan Saeed-ud-Din Khan and M. Safdar Yasin for Respondents.

JUDGMENT

Petitioner claiming to be a tenant in occupation of Evacuee Trust Property, seeks to have set aside order of Joint Secretary, Ministry of Religious and Minority Affairs, Government of Pakistan, Islamabad, passed in revisional jurisdiction, confirming order, dated 25-11-1978 of Chairman, Evacuee Trust Property Board. Petition was admitted on 3-11-1982. It has come up for hearing today in the presence of learned counsel for the parties.

2. Learned counsel have been heard. Admittedly, the petitioner claims to be in possession as tenant. In that capacity, he lacks locus standi to impugned the orders passed by authorities under Act XIII of 1975. Reference may, with advantage, be made to Master Chiragh Din v. Abdul Hakim and others P L D 1974 Lah. 370 and Nisar Ahmad and two others v. Additional Secretary Food and Agriculture, Government of Pakistan, Islamabad and 3 others 1979 S C M R 389.

3. In view of the law laid down in the two precedent cases referred to above, I am of the opinion that the petitioner has no grievance to make, to call in question orders passed by the competent authorities in proper exercise of their jurisdiction. Writ petition fails and is dismissed with no orders as to costs.

H . B . T .

Petition dismissed.

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