SHAMSHER KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA S — 2021 CLC 699 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 CLC 699 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: CLC
Parties: SHAMSHER KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA S
Subject matter: Constitutional
Provisions referred to: S. 25; S. 4; Khyber Pakhtunkhwa Urban Rent Restriction Ordinance (VI of 1959); Khyber Pakhtunkhwa Urban Rent Restriction Ordinance; Khyber Pakhtunkhwa Waqf Properties Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SHAMSHER KHAN VS GOVERNMENT OF KHYBER PAKHTUNKHWA S.25(2)(c) & Preamble---West Pakistan Waqf Properties (Administration) Rules, 1960, R. 7---Khyber Pakhtunkhwa Urban Rent Restriction Ordinance (VI of 1959), Ss. 3, 4 & Preamble---Constitution of Pakistan, Arts. 4 & 25---Terms and conditions on which waqf property may be leased or let out---Exemption from determination of fair rent---Scope---Petitioner challenged the vires of notification issued by Secretary Auqaf and Religious Affairs wherein it was provided that 40% increase shall be made in respect of old or sitting tenants, after every three years---Contention of petitioner was that proviso to subsection (2) of S.4 of the Khyber Pakhtunkhwa Urban Rent Restriction Ordinance, 1959, (Ordinance) provided that increase in rent shall not be more than 25% of the rent already being paid by the tenant---Validity---"Waqf properties" were exempt from the provisions of the Ordinance, therefore, the ceiling limit of 25% was not applicable to Waqf Properties---Preamble of Khyber Pakhtunkhwa Waqf Properties Ordinance, 1979 provided that it was promulgated for proper management of Waqf properties in the province and the Khyber Pakhtunkhwa Urban Rent Restriction Ordinance, 1959, related to restriction in the increase of rent of certain premises within the limits of urban area and eviction of tenants therefrom in the province, thus, the object, intention of Legislature and limitation of both the statutes was different from each other---Uniform applicability of both could not be based on the touchstone of Arts. 4 & 25 of the Constitution---Constitutional petition was dismissed.

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