JAMMU AND KASHMIR COOPERATIVE HOUSING SOCIETY vs FEDERATION OF PAKISTAN art — 2023 CLC 134 ISLAMABAD

Case information

Citation: 2023 CLC 134 ISLAMABAD
Court: Islamabad High Court
Year: 2023
Reporter: CLC
Parties: JAMMU AND KASHMIR COOPERATIVE HOUSING SOCIETY vs FEDERATION OF PAKISTAN art
Subject matter: Constitutional

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

JAMMU AND KASHMIR COOPERATIVE HOUSING SOCIETY VS FEDERATION OF PAKISTAN art.2---Establishment of Office of Wafaqi Mohtasib (Ombudsman) Order, 1983 (P.O. 1 of 1983), art.21---Wafaqi Mohtasib, jurisdiction of---Islamabad Capital Territory, status of province---Petitioner was a Housing Society who was aggrieved of order passed by Wafaqi Mohtasib (Ombudsman) who treated petitioner as agency and passed an order during pendency of dispute before Cooperative authorities---Plea raised by petitioner was that Wafaqi Mohtasib did not have any jurisdiction in the matter---Validity---Housing societies which were registered under Provincial Law formed subject matter of Province and were not regarded as Federal entity, therefore, petitioner society was not an agency---Lis was already pending before authorities by way of review and jurisdiction of Ombudsman was ousted under Islamabad Capital Territory (administration) Order, 1980 [as amended]---Nojurisdiction was vested either with Federal Government or Wafaqi Mohtasib to issue direction to any Tribunal or Court---High Court set aside the decision passed by authorities---Constitutional petition was allowed accordingly.

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