Citation Name: 2024 YLR 716 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mst. SHAHNAZ BIBI vs OMBUDSPERSON (MOHTASIB) PUNJAB S — 2024 YLR 716 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 YLR 716 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 716 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mst. SHAHNAZ BIBI vs OMBUDSPERSON (MOHTASIB) PUNJAB S
Subject matter: Constitutional
Provisions referred to: S. 7---C; S. 7; Property Rights Act

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

Citation Name: 2024 YLR 716 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mst. SHAHNAZ BIBI VS OMBUDSPERSON (MOHTASIB) PUNJAB S. 7---Constitution of Pakistan, Art. 199--- Constitutional petition---Complaint to Ombudsperson---Conditions prescribed under S. 7 of the Punjab Enforcement of Women's Property Rights Act--- Non-compliance of---Effect---Petitioners were aggrieved of order passed by Ombudsperson allowing complaint filed against them---Plea raised by the petitioners was that order had been passed without fulfilling the requirements prescribed under S. 7 of the Punjab Enforcement of Women's Property Rights Act, 2021 ('the Act 2021')---Validity---Record, evidently, revealed that no compliance of requirements as envisaged under section 7 of the Act, 2021 was made, which (non-compliance) had manifested unlawfulness qua exercise of jurisdiction and non-adherence to the ratio settled in the case reported as Ali Ahmad and 4 others v. Ombudsman (Mohtasab) Punjab and 6 others (PLD 2023 Lahore 711)---High Court , while abstaining from touching the merits of the case, as it would prejudice the proceedings before the respondent/Ombudsman (Mohtasab) as well as pending litigation before the Civil Court, set-aside the order passed by the respondent/Ombudsman (Mohtasab) and directed that complaint of the respondent would be deemed pending before the Mohtasab who would proceed to adjudicate upon the same in the context of the effect of S. 7 of the Punjab Enforcement of Women's Property Rights Act, 2021---Constitutional petition was allowed, in circumstances.

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