MUSTAFA MASOOD vs DEFENCE HOUSING AUTHORITY, LAHORE S — 2023 MLD 1523 LAHORE-HIGH-COURT-LAHORE

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MUSTAFA MASOOD VS DEFENCE HOUSING AUTHORITY, LAHORE S. 7 & Preamble---Plot---Caution or injunctive order, removal of---Responsibility of the Authorities/statutory body---Functions of the Defence Housing Authority (' the Authority')---Scope---Late father of the petitioner purchased a plot from a person who happened to be a judgment-debtor in a decree; and after the death of the father, names of the petitioner and other legal heirs were although incorporated in the record of the Authority, however, the Authority declined issuance of No Demand Certificate ('NDC') to said legal heirs in wake of a caution regarding plot-in-question having been marked in the record---Caution was marked by the Authority against the subject-plot pursuant to order passed by the Executing Court due to the fact that the decree-holder had mentioned the said plot in the list of inventory of the judgment-debtor for satisfaction of decree---Authority had not removed the caution despite the fact that Local Commission appointed by the Executing Court for auction denied auction on the basis that the subject-plot no more belonged to the judgment-debtor (from whom father of the petitioner purchased the same); and an employee of the Authority had stated before the Executing Court that the subject-plot was transferred in the name of the father of petitioner---Petitioner invoked constitutional jurisdiction of the High Court against the letter issued by the Authority declining issuance of No Demand Certificate on the plea of the caution still having been marked in the record of the Authority---Held, that there was no justification for the Authority to continue with the caution in wake of facts of present case as well as for the reason that the decree had already been transferred to the Executing Court of other province---It was of common knowledge practice that once a caution or injunctive order was incorporated in the record of a statutory body, like the Authority, the same was not removed despite knowing the fact that such caution or injunctive order had already lost its efficacy---In the present case, when the transfer order of decree out of province was brought to notice of Authority, resulting in redundancy of execution proceedings, the Authority was under bounden responsibility to remove the caution and to issue the NDC to the petitioner and other legal heirs---In case of ambiguity, the Authority could either ask the party to provide a court order justifying removal of the caution or could directly verify from the concerned Court for the said purpose---High Court deprecated the fact that the Authority continued marking of caution in casual manner and declined issuance of NDC to the petitioner without any tangible ground---High Court set-aside impugned letter and directed the Authority to ensure issuance of NDC to the petitioner and other legal heirs--- Constitutional petition was allowed, in circumstances.

MUSTAFA MASOOD vs DEFENCE HOUSING AUTHORITY, LAHORE S — 2023 MLD 1523 LAHORE-HIGH-COURT-LAHORE

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