1. This order shall dispose of Constitutional petitions-
(1) Writ Petition No,9099 of 1990, Muhammad Ashraf v. National Bank of Pakistan etc.; Writ Petition No,647 of 1990, Hazer Khan v. Chairman, Pakistan Banking Council, etc.; Writ Petition No,2462 of 1990, Mian Muhammad Sharif v. Punjab Provincial Cooperative Bank etc. Writ Petiton No, 8664 of 1990 Rana Zafar Ali v. United Bank Ltd. Etc.; Writ Petition No, 8666 of 1990, Khadim Ali v. United Bank etc.; Writ Petition No, 8667 of 1990, Pir Muhammad Hanif versus United Bank Ltd. Etc. Writ Petition No,8727 of 1990, Wazir Ahmad v. Habib Bank Ltd. Etc.; Writ Petition No,8728 of 1990, Muhammad Ashraf v.
2. United Bank Ltd. Etc.; Writ Petition No, 8785 of 1990, Muhammad Saleem v. Habib Bank Ltd. Etc.; Writ Petition No,8787 of 1990, Muhammad All v. Habib Bank Ltd. Etc.; Writ Petition No,8788 of 1990, Muhammad Sadiq v. Habib Bank Ltd. Etc.; Writ Petition No,8789 of 1990 Zahid Muhammad v. Allied Bank of Pakistan Ltd.Etc.; Writ Petition No, 8790 of 1990, Ghulam Rasul v. Allied Bank of Pakistan Ltd.
3. Etc.; Writ Petiton No,8791 of 1990, Abdul Salam v. United Bank Ltd. Etc.; Writ Petition No,8792 of 1990, Sultan Ahmad v. Allied Bank of Pakistan Ltd. Etc.; Writ Petition No,8793 of 1990, Muhammad Asghar v.
4. Habib Bank Ltd. Etc.; Writ Petition No,8794 of 1990, Ghulam Rasul v. Allied Bank Ltd. Etc.; Writ Petition No, 8795 of 1990, Muhammad Nazir v. Allied Bank of Pakistan Ltd. Etc.; Writ Petition No,8796 of 1990, Khan Muhammad v. United Bank Ltd. Etc.; Writ Petition No,8797 of 1990, Abdul Shakoor v. Allied Bank of Pakistan Ltd. Etc.; Writ Petition No,8798 of 1990, Muhammad Ali v. United Bank Ltd. Etc.; Writ Petition No,8799 of 1990, Muhammad Sharif v. Habib Bank Ltd. Etc.; Writ Petition No,9098 of 1990, Muhammad Sarwar v. National Bank of Pakistan etc.; Writ Petition No,9100 of 1990, Muhammad Aslam v. National Bank of Pakistan etc.; Writ Petition No,9101 of 1990, Muhammad Ishaq v. National Bank of Pakistan etc.; Writ Petition No, 9102 of 1990, Muhammad Afzal v. National Bank of Pakistan etc.; Writ Petition No,9103 of 1990, Qurban Ali v. National Bank of Pakistan etc.; Writ Petition No,9104 of 1990, Muhammad Riaz v. National Bank of Pakistan etc.; Writ Petition No,9105 of 1990, Muhammad Ramzan v. National Bank of Pakistan etc.; Writ Petition No, 9106 of 1990, Muhammad Saleem v.
5. National Bank of Pakistan etc.; Writ Petition No,9107 of 1990, Muhammad Bashir v. National Bank of Pakistan etc.; Writ Petition No,9108 of 1990, Muhammad Hussain v. National Bank of Pakistan etc.; Writ Petition No,9109 of 1990, Muhammad Nazir v. National Bank of Pakistan etc.; 'Writ Peftition No,9110 of 1990, Ghulam Rasul v. National Bank of Pakistan etc.; Writ Petition No,9111 of 1990, Muhammad Fazil v. National Bank of Pakistan etc.; Writ Petition No,9112 of 1990, Khushi Muhammad v. National Bank of Pakistan etc.; Writ Petition No,9113 of 1990, Ghulam Shabbir v. National Bank of Pakistan etc.; Writ Petition No,9114 of 1990, Nasir-udDin v. National Bank of Pakistan etc.; Writ Petition No,9115 of 1990, Muhammad Akhter v. National Bank of Pakistan etc.; Writ Petition No,9116 of 1990, Muhammad Arshad v. National Bank of Pakistan etc.; Writ Petition No,9118 of 1990, Muhammad Sharif v. National Bank of Pakistan etc.; Writ Petition No,9119 of 1990, Muhammad Safdar v. National Bank of Pakistan etc.; Writ Petition No,9120 of 1990, Ghulam Haider Sayan v. United Bank Ltd.Etc.; Writ Petition No,9121 of 1990, Farooq Azam v. Allied Bank of Pakistan Ltd.Etc.; Writ Petition No,9122 of 1990, Inayat Ullah v. Allied Bank of Pakistan Ltd. Etc.; Writ Petition No,9123 of 1990, Ehsanullah v. Allied Bank of Pakistan Ltd.Etc.; Writ Petition No,9124 of 1990, Akbar Ali Sayan v. Allied Bank of Pakistan Ltd. Etc.; Writ Petition No,9125 of 1990 Khalid Mahmood v. Allied Bank of Pakistan Ltd.Etc.; Writ Petition No,9126 of 1990, Khushi Muhammad v. Allied Bank of Pakistan Ltd.Etc,; Writ Petition No,9127 of 1990, Ghulam Rasul v. Allied Bank of Pakistan Ltd.Etc.; Writ Petition No,9128 of 1990, Riasat Ali v. Allied Bank of Pakistan Ltd.Etc.; Writ Petition No,9129 of 1990, Hayat Muhammad v. Allied Bank of Pakistan Ltd.Etc; Writ Petition No,9130 of 1990, Abdul Salam v. Allied Bank of Pakistan Ltd. Etc.; Writ Petition No, 9131 of 1990, Nazir Ahmad v. Allied Bank Ltd. Etc.; Writ Petition No,9132 of 1990 Iftikhar Ahmad v. Allied Bank of Pakistan Ltd.Etc.; Writ Petition No,9133 of 1990, Abdur Rashid v. United Bank Ltd. Etc., Writ Petition No,9134 of 1990, Riasat Ali v. United Bank Ltd. Etc., Writ Petition No,9135 of 1990, Muhammad Hussain v.
6. United Bank Ltd. Etc.;Writ Petition No,9136 of 1990, Muhammad Aslam v. United Bank Ltd. Etc., Writ Petition No,9137 of 1990, Ashaish Hassan v. United Bank Ltd. Etc., Writ Petition No,9138 of 1990, Ashaish Hassan v. United Bank Ltd. Etc.; Writ Petition No, 9139 of 1990, Ghulam Hassan v. United Bank Ltd. Etc; Writ Petition No,1940 of 1990, Amjad Parvez v. Habib Bank Ltd. Etc.; Writ Petition No,61 of 1991, Allah Ditta v. Habib Bank Ltd. Etc.; Writ Petition No,62 of 1991, Ghulam Qadir v. Habib Bank Ltd. Etc.; Writ Petition No,63 of 1991, Muhammad Sadiq v. Habib Bank Ltd. Etc.; Writ Petition No,343 of 1991 Ghulam Nabi v. National Bank of Pakistan etc.; Writ Petition No,344 of 1991, Sardar Ali v. National Bank of Pakistan etc.; Writ Petition No,345 of 1991, Muhammad Buta v. National Bank of Pakistan etc.; Writ Petition No,346 of 1991, Allah Ditta v. National Bank of Pakistan etc.; Writ Petition No,347 of 1991, Muhammad Riaz v. National Bank of Pakistan etc.; Writ Petition No,348 of 1991, Manzoor Hussain v.
7. National Bank of Pakistan etc.; Writ Petition No,349 of 1991, Inayat Ali v. National Bank of Pakistan etc.; Writ Petition No,350 of 1991, Sajid Hussain v. National Bank of Pakistan etc.; Writ Petition No,351 of 1991, Ghulam Rasul v. National Bank of Pakistan etc.; Writ Petition No,352 of 1991, Arshad Mahmood v.
8. National Bank of Pakistan etc.; Writ Petition No,353 of 1991, Muhammad Ramzan v. National Bank of Pakistan etc.; Writ Petition No,1249 of 1991, Sana Ullah v. Allied Bank of Pakistan etc.; Writ Petition No,1250 of 1991, Muhammad Khalid v. Allied Bank of Pakistan Ltd. Etc.; Writ Petition No,1251 of 1991, Kazim v. Allied Bank of Pakistan Ltd. Etc.; Writ Petition No, 1252 of 1991, Waqar Hussain v. United Bank Ltd.Etc.; Writ Petition No,1253 of 1991, Faqir Sain v. United Bank Ltd. Etc.; Writ Petition No,1254 of 1991, Muhammad Amin v. Muslim Commercial Bank Ltd. Etc.; Writ Petition No,1255 of 1991, Nabi Ahmad v.
9. United Bank Ltd.Etc.; Writ Petition No,1256 of 1991, Muhammad lqbal v. Allied Bank of Pakistan Ltd. Etc.; Writ Petition No,1257 of 1991, Muhammad Sadiq v. Allied Bank of Pakistan Ltd.Etc.; Writ Petition No,1258 of 1991, Ghulam Abbas v. Allied Bank of Pakistan Ltd. Etc.; Writ Petition No,1259 of 1991, Muhammad Majeed v. Allied Bank of Pakistan Ltd. Etc.; Writ Petition No,1260 of 1991, Muhammad Ali v. Allied Bank of Pakistan etc.; Writ Petition No,1261 of 1991. Muhammad Arshad v. Allied Bank of Pakistan Ltd. Etc.; Writ Petition No,1262 of 1991, Javed Iqbal v. Allied Bank of Pakistan Ltd. Etc.; Writ Petition No, 1263 of 1991, Qaiser Mahmood v. Allied Bank of Pakistan etc., Writ Petition No, 1264 of 1991, Muhammad Mushtaq v. Allied Bank of Pakistan Ltd.Etc; Writ Petition No,8665 of 1990, Ch. Zaka Ullah v. Allied Bank of Pakistan Ltd. Etc.; together as common questions of law and fact arise in all these petitions.
2. Ch. Mushtaq Ahmad Khan, learned counsel for the petitioners, contends that unless the actual amount due from the petitioners to the respondents, is determined judicially by the District Collector at the instance of the respondents in accordance with the provisions of section 91 of the West Pakistan Land Revenue Act, 1967, and is also notified as recoverable as arrears of land revenue, the coercive measures having been adopted by the respondents for the recovery of amount cannot proceed. He argues that in case the respondents want to recover the amount, their remedy would lie before the Civil Court in this behalf.
10. ' Learned counsel relies on the rule laid down in Abdul Latif v. Government of Pakistan (PLD 1962 SC 384). He also relies on Shahbaz-ud-Din v. Services I.T. Ltd. (PLD 1988 Lahore 1). Lastly, it is stressed by the learned counsel that recovery of mark up or interest amount is wholly un-Islamic and as such the said amount is not at all recoverable under Article 2-A of the Constitution of the Islamic Republic of Pakistan, 1973.
11. ' In reply to the contentions of the learned counsel, the learned counsel for the respondent-Bank contends that the petitions are incompetent in view of a clear bar under Article 203-G of the Constitution. He says that the remedy, if any, for the petitioners would be before the Federal Shariat Court under the Constitution, and certainly not before this Court. Learned counsel maintains that the contentions so raised and argued pertain to disputed questions of fact and as such cannot be gone into in the exercise of Constitutional jurisdiction of this Court. Learned counsel also argues that the debtors under section 91 of the West Pakistan Land Revenue Act, 1967, are required to deposit the amount under protest and then they can file a civil suit for the recovery of the money so deposited before the District Collector.
12. ' The learned Additional Advocates-General contend that under Article 203-G of the Constitution, learned Federal Shariat Court was not competent earlier to pass any order in this behalf for a period of ten years. Learned counsel submit that the period so fixed under the Constitution has come to an end and as such the Federal Shariat Court has now the exclusive jurisdiction to determine the controversy between the parties. Reliance has been placed by the learned counsel on judgment in Writ Petition No,1452 of 1991 and Habib Bank Ltd. v. Muhammad Hussain (PLD 1987 Karachi 612).
3. I have heard the learned counsel for the parties at considerable length and have perused the record. The question raised and argued by the learned counsel for the petitioners can exclusively be heard and decided by the learned A Federal Shariat Court and by some other forums as already pointed out above by the learned counsel for the petitioners. I, therefore, hold that the High Court, in view of bar under Article 203-G of the Constitution, is not competent to entertain these petitions for their decision on merits. Respectfully relying on Habib Bank Ltd. v. Muhammad Hussain (PLD 1987 Karachi 612) and judgment in Writ Petition No, 1452 of 1991, I proceed to dismiss all these writ petitions being not maintainable at all. The petitions fail and are dismissed in limine.