KHAN BAHADAR vs SECRETARY, MINISTRY OF RELIGIOUS AFFAIRS AND INTERFAITH HARMONY, ISLAMABAD Ss

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KHAN BAHADAR VS SECRETARY, MINISTRY OF RELIGIOUS AFFAIRS AND INTERFAITH HARMONY, ISLAMABAD Ss.8, 10 & 17---Civil Procedure Code (V of 1908), S.9---Declaration of property as evacuee trust property---Validation of certain transfers---Revision---Jurisdiction of Civil Court---Limitation---Condonation of delay---Ill advice of counsel---Scope---Settlement Department allotted a certain piece of land to the allottee who alienated part of it to four others---Assistant Administrator, Evacuee Trust Property, filed a reference under sections 8 and 10 of the Evacuee Trust Properties (Management and Disposal) Act, 1975, for declaring the land in question as trust property as well as sought cancellation of allotment in favour of the allottee---Chairman, Evacuee Trust Property Board, passed impugned order declaring the land in question as trust property and also cancelled the allotment of the allottee as well as subsequent sale transactions---Revision petition under S.17 of the Evacuee Trust Properties (Management and Disposal) Act, 1975 was also dismissed---Petitioners filed a civil suit against the order passed by Chairman, which was dismissed and appeal of the petitioner was also dismissed---After having lost the civil suit up to the appellate court petitioners filed Constitutional petition which was dismissed as withdrawn---Held, petitioners were well aware about the order of the Chairman but they filed revision petition before the Revisional Authority after a lapse of about 35 years, however, the limitation for challenging the order in revision petition was only 15 days but neither any explanation was furnished regarding such inordinate delay nor any application was filed for condonation of delay---Pursuing the matter at wrong forum due to ill advice of counsel could not be considered as a valid ground for condonation of delay---Moreover, Chairman Evacuee Trust Property Board, under S.8 of the Evacuee Trust Properties (Management and Disposal) Act, 1975, alone was competent to decide every/any controversy relating to an evacuee property attached to charitable, religious or educational trust/institution or otherwise and any order/proceeding before the Civil Court was coram non judice---Constitutional petition was dismissed, in circumstances.

KHAN BAHADAR vs SECRETARY, MINISTRY OF RELIGIOUS AFFAIRS AND INTERFAITH HARMONY, ISLAMABAD Ss — 2022 CLC 178 LAHORE-HIGH-COURT-LAHORE

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