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1996 CLC 661

PUNJAB BAR COUNCIL vs BOARD OF REVENUE, PUNJAB and 5 others

Citation1996 CLC 661
CourtLahore High Court
Case No.Writ Petition No, 5963 of 1995
Date1995-07-18
Judge(s)Ch. Khurshid Ahmad
ResultPetition accepted

ORDER

' The petitioners were ordered to be transferred a plot of land adjacent of Shah Chiragh Mosque, Lahore. A letter conveying the pleasure of the President of Pakistan was written to the Secretary, Punjab Bar Council, Lahore on 16-2-1973 by Sh. Javed-ur-Rehman the then Special Assistant to Governor Punjab. The petitioner was further informed that Commissioner, Lahore Division had been directed to comply with the order communicated to him. The matter remained pending till the Board of Revenue Punjab addressed letter No, 2349-1/7127-CS dated 25-8-1983 to Secretary/Chief Administrator Auqaf, Government of the Punjab Auqaf Department wherein he was informed that Khasra No,3074 of revenue estate of Lahore Khas, Lahore, City admeasuring 7 Kanals 5 Marlas and 135 sq. Feet, decided to be given to Punjab Bar Council, was in fact the ownership of the Central Government and not of the Provincial Government.

2. The Punjab Bar Council continued pursuing the matter and obtained a directive from the Prime Minister of Pakistan for transfer of the plot in its name and in pursuance of the said directive a letter was addressed by Works Division, Government of Pakistan bearing No, F.2(114)/92/NC dated 30-3- 1993 to Mr. M.I. Rajpur, Director-General, Pakistan PWD, Islamabad under the Prime Minister's directive. The said letter was stamped as most urgent and was sent by Special Messenger. Para. 2 of the said letter reads:-- "Director-General, Pak P.W.D. Is requested 'to issue necessary instructions/advice to Superintending Engineer at Lahore to clarify/explain the rules position of Sub-Registrar and execute the lease agreement on behalf of the Government of Pakistan as already advised under this Ministry's letter of even number, dated 17-5-1992, 31-51992 and 23-6-1992 (copies enclosed)."

3. The petitioner faced another bottleneck. In the revenue record Provincial Government appeared in column No,3 Register Haqdaran-e-Zamin of the estate of Lahore Khas. No effect could be given to the directive of the Prime Minister referred supra till the entry of ownership was made in the name of the Central Government. The revenue authorities entered Mutation No, 1294 of the estate in the register of mutation on 20-6-1995 under the directions of this Court issued on 15-6-1995 and the entry of the Provincial Government as owner in column No,3 was subsisting by entry of Central Government as owner of Khasra No, 3074 aforesaid.

4. Respondents Nos.5 and 6 were ordered to be summoned for appearance. They failed to appear.

The Central Government is however, represented by its Law Officer.

5. The petitioners have prayed for the issuance of direction for implementation of the orders dated 16-2-1973 and 25-8-1983. It is borne out from the documents referred ibid and also for the issuance of further direction to respondents Nos.5 and 6 to execute the lease deed in favour of the petitioner as proposed and approved inter se the parties without further delay. Possession of Khasra No,3074 referred ibid was also claimed. The draft of agreement of lease approved inter se has been placed on the file of this writ petition as Annexure D-1.

6. The writ petition, in the circumstances, is allowed. It is a matter where the pleasure of the President and directive of the Prime Minister are to be implemented and it has been decided by now that respondents Nos.5 and 6 who are the authorised persons to execute the lease agreement and to get the same registered in accordance with law. They are given one month's time to implement the direction issued hereunder. The petitioner shall, however, deposit the required stamp paper with respondent No,5 and/or respondent No,6 within a period of three weeks.

' No order as to costs.

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