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PLJ 2017 Lahore 1008

NASREEN ADREES, etc. vs DEPUTY DISTRICT OFFICER, etc.

CitationPLJ 2017 Lahore 1008
CourtLahore High Court
Case No.W.P. No, 34209 of 2016
Date2016-11-01
Judge(s)Ayesha A. Malik
ResultPetition dismissed.

ORDER

Through this petition, the Petitioners have impugned orders dated 02.01.2015 and 04.04.2016 passed by Respondents No, 1 and 2 respectively and seek a declaration against Respondent No, 3 not to interfere with the peaceful possession of the Petitioners.

2. The facts of the case are that the Petitioners filed an application on 01.11.2014 before Respondent No, 3 for registration of rent agreement/deed and then issuance of gate pass. On account of the failure of Respondent No, 3 to perform its legal obligation, the Petitioners filed a petition under Section 54 of the Co-operative Societies Act, 1925 before Respondent No, 1, which was dismissed vide order dated 02.01.2015. Feeling aggrieved against the said order, the Petitioners filed an appeal before Respondent No, 2, which was also dismissed vide order dated 04.04.2016. Hence this petition.

3. The basic grievance of the Petitioner is against Respondent No, 3, who admittedly is a private housing-society against whom a writ cannot be issued. Reliance is placed upon the case titled Messrs Millat Tractors Ltd. through Deputy General Manager v. Muhammad Munir Ahmad and 3 others (PLD 2015 Lahore 507). Furthermore, as per the impugned orders, the matter is sub-judice before the Banking Court, which is the proper forum in this case.

4. Under the circumstances, this petition is dismissed in limine being not maintainable.

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