The petitioner has filed this writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 for seeking a direction to the respondents that they be restrained to construct the shops in front of "Jamia Masjid A1-Sadiq, Bahawalpur consisting of land measuring 24 kanals 6 marlas because the said construction will result in de-valuing the importance, sanctity and beauty of the mosque.
2. Today, the petitioner was directed to produce his counsel for arguments but he has stated that he has lost the confidence in his counsel namely Mr. Shabbir Ahmed Bhutta, Advocate and he will not produce any counsel and the Court may decide the petition.
3. Learned counsel appearing on behalf of Auqaf Department has vehemently contested this writ petition particularly on the basis of maintainability keeping in view the Section 92 of CPC and relied on City Council u. Chief Administrator Auqaf (2007 CLJ 839). On merits, it is contended by the Auqaf Department that the shops have been constructed on the land owned by the Auqaf Department. It is note-worthy that previously the main gate of the "Jamia Masjid" was towards Bazar which was changed and constructed at the present place, some 16 years before according to the "will" of late Nawab of Bahawalpur by the deceased ruler of Dubai. The Auqaf market is not a nuisance for the "Shahi Mosque" because the same are being constructed at a reasonable distance from the mosque.
4. Arguments heard. Record perused.
5. After considering the respective contentions of the parties and perusal of the record, it comes out that the disputed shops are being constructed on the Auqaf land by the Auqaf Department.
According to Section 92 of CPC, if there is any alleged breach of any express or constructive trust created for public purpose of a Charitable or religious nature, the Advocate-General or two or more persons having an interest-in the trust and having obtained the consent in writing of the Advocate-General may institute a suit against the Principal in the Civil Court of original jurisdiction.
So an adequate and officious remedy is available and according to Article 199 of the Constitution, in the presence of such a remedy the Constitutional petition is not maintainable. Hence, the same is, hereby, dismissed being not maintainable.