Through this writ petition, the petitioner has challenged the legality of order dated 09.09.2020 passed by the Secretary Ministry of Religious Affairs and Interfaith Harmony , Islamabad/Revisional Authority who dismissed application for restoration of revision petition of the petitioner .
2. Brief facts of the case are that Evacuee Trust Property Bearing No. SW-III-40 -S-11 situated at Haidar Road, Krishan Nagar , Lahore, a residential-cum-commercial Sub Unit, was under tenancy of one Babu Abdul Waris son of Abdul Ghani Malik, father in law of petitio ner on monthly rent @ Rs. 771/- w.e.f 01.01.2005. After the death of her father-in-law , the tenancy was transferred with the consent of his legal heirs in favour of Abid Azeem Malik by the Administrator (E.Z), Evacuee Trust Property , Lahore vide letter dated 29.10.2014 whereafter the said rights were transferred in favour of the petitioner on 11.11.2014 and the Deputy Administrator , Lahore approved the tenancy rights in favour of the petitioner on 12.11.2014 at the rate of Rs. 1591/-after 30 % increase as per the stipulation of Scheme for the Management and Disposal of Available Urban Properties situated in the Province of the Punjab and change 'of tenancy fee equal to 48-months, new rent is Rs. 76,368/- and in complia nce of said order , she deposited the 'tenancy fee in the Board's account. During the year 2019, a letter No. 3372 dated 30.10.2019 was issued by Respondent No. 4 to the petitioner informing her that monthly rent of sub-unit has been fixed @ Rs. 13,450/- w.e.f.
27.07.2007 and directed to deposit Rs. 39,30,726/- & 14,77,104/-total amount of Rs. 54,07,830/- as arrears of rent and within seven days. Respondent No. 4 then issued notice dated 12.06.2006 for reassessment of rent @ Rs.
8,000/- per month to the predecessor-ininterest of the petitioner , thereafter he fixed the rate of rent Rs. 6400/- per month w.e.f. 01.07.2006. Being aggrieved of the said order , the petitioner filed appeal before the Administrator , Evacuee Trust Property , Lahore who reduced the_rent from Rs. 6400/- per month to Rs. 5800/- per month vide order dated 17.02.2007. Against the said order , petitioner filed appeal before the Chairman, Evacuee Trust Property Board, who disposed of said appeals vide ex-parte order dated 27.07.2007 and fixed rent of Sub Unit in question @ Rs. 5/- per square feet. Whereafter the petitioner filed Revision Petition No. 3102/2019/Rev before Federal Secretary , Ministry of Religious Affairs and Interfaith Harmony , (Revising Authority), Govt. of Pakistan, Islamabad which was fixed for hearing on 24.06.2020 and on the said date, the petitioner could not attend the Court proceedings due to Covid-19 and her learned counsel Syed Zulfiqar All Shah, Advocate withdrew , the revision petition vide order dated 24.06:2020. After knowledge, the petitioner immediately filed application for restoration of the civil revision which was dismissed by the Secretary Ministry of Religious Affairs and Interfaith Harmony , Islamabad/Revisions Authority vide order , dated 09.09.2020. Hence, this writ petition on the ground that the petitioner has not given any authority to her learned counsel to withdraw the civil revision, as such, impugned order is not sustainable in the eye of law and requested that withdrawal order be recalled and revision petition be decided after hearing the petitioner ."
3. I have heard the arguments of the learned counsels for the parties and gone through the record with their able assistance.
4. The original record of the said case was requisitioned which was produced by the learned counsel for the respondents Khawaja Muhammad Ajmal , Advocate before this Court. After examining the record, it reveals that Syed Zulfiqar Ali Shah, who was counsel of the petitioner , filed Revision Petition before Secretary . The present petitioner sworn an affidavit before the Federal Secretary with the averment of non-authorizing any counsel to file application for restoration of her Revision Petition. The said affidavit in original is available on the file of the Revising Authority alongwith copy of the I.D. Card of the petitioner , scanned copy whereof is as under: Moreover the instant writ petition was filed by one Muhammad Rafiq on behalf of Raheela Malik as her special attorney . She has not challenged order herself and also has not filed any affidavit in this regard. In clause 3 of affidavit, the petitioner authorized her counsel to withdraw the said revision petition. For ready reference, clause-3 of affidavit is reproduced as under: {{URDU TEXT}} Syed Zulfiqar Ali Shan withdrew the civil revision on 24.06.2020 and the Revisional Authority/Secretary vide order dated 24.06.2020 passed the following orders; "24.06.2020 Islamabad For the Petitioner:Syed Zulfiqar Ali Shah, Advocate For ETPB: Mr. Mudassar Ikram Ch. Additional Legal Advisor alongwith Mr . Atif Hameed, Inspector , ETPB.
The instant Revision Petition has been filed against the Order-in-Appeal No. PB/APPEAL/691/07 dated 27.07.2007, whereby , the Chairman fixed the rent @ Rs. 5/- per square fit of the evacuee trust property bearing No. SW-III-40-S-1 1 under Demand No. 1-1 111-1-2893-0, situated at Haider Road, Karishan Nagar , Lahore.
2. The learned Counsel for the petitioner appeared and stated that he wants to withdraw the instant Revision Petition.
3. On the other hand, the Additional Legal Advisor , ETPB has no objection.
4. Under the circumstances, the instant Revision Petition is dismissed as withdrawn."
The learned counsel for the petitioner put his signatures on the margin of the order sheets and presumption of truth is attached to the judicial proceedings. Reliance is placed on the cases of Muhammad Ramzan vs. Lahore Development Authority , Lahore (2002 SCMR 1336 ), Fayyaz Hussain vs. Akbar Hussain & others (2004 SCMR 964 ) & Waqar Jalal Ansari vs. National Bank of Pakistan & another (2008 SCMR 161 1).
5. Furthermore, the petitioner filed applic ation for restoration of the Revision Petition and she has not stated any fraud committed by her counsel with her. This ground has also not taken in the instant writ petition as well, meaning thereby , she admitted that Syed Zulfiqar Ali Shah was her counsel who performed his duty as per her instructions.
She has not denied the execution of power of attorney/ affidavit in favour of her counsel and she authorized her counsel to perform his duty as per terms and conditions mentioned in clause-3 of the power of attorney/af fidavit reproduced above.
6. Learned counsel for the petitioner has not been able to point out any illegality or material irregularity in the impugned order passed by the Federal Secretary and has also not identified any jurisdictional defect calling for interference by this Court.
7. In view of above, this writ petition is dismissed being devoid of any merits.