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Writ Petition No. 4082 of 1984, heard on 7th October, 1984.
---Art. 9---Punjab Waqf Properties Ordinance (IV of 1979), S. 11--Review--Order passed by Additional District Judge on application filed under. S. 11 of Ordinance, 1979--Review of such order, held, not competent--No provision existing in Ordinance, 1979 enabling District Judge to review his order--Order passed on review set aside. Ehsanul Haq Chaudhry for Petitioner. Sher Zaman Khan for Respondents. Date of hearing: 7th October, 1984.
In this writ petition order, dated 16-5-1984 passed by She learned Additional District Judge had been challenged on the ground that the learned Additional District Judge was not legally competent to review his earlier order, dated 2-2-1984 whereby he had dismissed the application of Zafarullah respondent No. 1 which lie had filed under section 11 of the Punjab Waqf Properties Ordinance, 1979. 2. Mr. Sher Zaman Khan, Advocate, who has filed an appeal against the aforementioned order, dated 2-2-1984 passed by the learned Additional District Judge in this Court has appeared on behalf of Zafarullah respondent No. 1 and has frankly conceded that the order, dated 16-5-1984 passed by the learned Additional District Judge, Lahore, which has been challenged in the present writ petition is not legally sustainable because there is no provision in the Punjab Waqf Properties Ordinance, 1979 under which the District Judge could review his order. 3. In view of the above legal position stated by the parties' counsel this writ petition is allowed and order, dated 16-5-1984 passed by the learned Additional District Judge is declared to be illegal and without jurisdiction. No order is made as to costs. M.Y.H . Petition allowed.