' This petition under Article 199 of the Constitution of Islamic Republic of Pakistan calls in question the notification dated 4-4-1978 issued by the Secretary to the Government of the Punjab, Home Department, in the purported exercise of his power under Section 3 of the West Pakistan Requisitioning of Immovable Property (Temporary Powers) Act, 1956, whereby property No,1020-1021 situate in Lohari Gate, Lahore was requisitioned for an educational institution.
2. It is an admitted fact that prior to nationalization of schools by virtue of M L R 118, the property in dispute had been continuously in use as educational institution and, therefore, the same was not open to requisition by virtue of the second proviso to section 3 of Act VII of 1956 which provides that no building which is used for imparting education through the private educational institutions should be requisitioned. To the same effect is the judgment earlier delivered by me in Mian Muhammad Aslam v. The District Education Officer (1991 MLD 511).
3. When faced with this, Rana Muhammad Arshad, learned Additional Advocate-General appearing on behalf of the respondents has frankly conceded that the order of requisition in the facts and circumstances of the present case was uncalled for. I am also inclined to agree with him.
In view of the above, the impugned notification requisitioning the property in dispute vide order dated 4-4-1978 passed by respondent No,1 is hereby declared as without lawful authority and of no legal effect. The writ petition is accepted, with no order as to costs.