CHURCH MISSIONARY TRUST ASSOCIATION vs FEDERATION OF PAKISTAN through Ministry of Religious Affairs, Islamabad

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CHURCH MISSIONARY TRUST ASSOCIATION VS FEDERATION OF PAKISTAN through Ministry of Religious Affairs, Islamabad S. 3---Property of minorities---Bar on sale/transfer of---Scope---Petitioner/Church Missionary Trust Association challenged the Deputy Commissioner's order restraining the revenue authorities from issuing revenue entries/documents regarding communal properties of Christian Community to anyone except the person authorised---Validity---Minorities, particularly of Christian community, owned numerous properties all across the province and various fake/fictitious groups of encroachers/land mafia having power of attorneys of Church Missionary Trust Association and different Dioceses had been emerging from time to time falsely claiming to be representatives of the said organisations and Christian community and asserting wrongful title and ownership in respect of the properties of community spreaded across the province and in that regard a number of civil suits were pending before different Courts---High Court disposed of the Constitutional petition in the terms that firstly, property of a minority community meant for its communal use should not be bought/sold/transferred by any person; secondly, every person belonging to minorities was entitled to receive certified copies of revenue entries/document in respect of communal properties of minorities, but no one could buy the same; thirdly, Deputy Commissioner or any other authority was not empowered to approve the transfer of communal properties of minorities; fourthly, petitioner or representative of different Dioceses could transfer/sell/buy/alienate the communal properties of minorities; fifthly, impugned order/letter was set-aside being illegal/unlawful/void ab initio; sixthly, all judges/qazis of province were directed to decide the fate of pending suits regarding the communal properties of minorities in the light of provisions of Balochistan Protection of Communal Property of Minorities Act, 2018. Head NotesCase Description

CHURCH MISSIONARY TRUST ASSOCIATION vs FEDERATION OF PAKISTAN through Ministry of Religious Affairs, Islamabad S — 2022 PLD 36 QUETTA-HIGH-COURT-BALOCHISTAN

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