Case Details

Citation(s)
2004 SLG 2809 2004 SLD 2809 2004 PLD 1
Supreme Court (AJ&K)
Writ Petition No. 86 of 2002, decided on 5th March, 2004.
MUHAMMAD REAZ AKHTAR CHAUDHRY, J

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KHAN MUHAMMAD KHAN

VS

AZAD JAMMU AND KASHMIR GOVERNMENT through Chief Secretary, Muzaffarabad and 5 othersNoNs

Law:

Section:

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S.44---Writ jurisdiction---" Aggrieved person"---All writ petitions, except the writs of 'habeas corpus' and `quo warranto' could be filed by aggrieved person, while writ of 'habeas corpus' and `quo warranto' could be filed by any person---Fundamental duty of petitioner invoking the extraordinary jurisdiction of High Court was to establish a direct or indirect injury caused to him or establish- a substantial interest in the subject-matter of the proceedings---When no direct or indirect injury was caused to petitioner and no substantial interest` of his own was involved in the proceeding, then he could not be termed as an "aggrieved person" ---Mere possibility or assumption, that a person could obtain the property if it would have not been allotted to other persons, would not create a right to him and he could not be termed as an "aggrieved person"--- "Aggrieved person" would not mean a person who was deprived of a benefit which he might have obtained if some different order had been passed---Person aggrieved must be a person who had suffered a loss or grievance, a man against whom some had been pronounced, which had wrongly deprived him of something or wrongly refused him something to which he was entitled---" Aggrieved person" within the meaning of S.44 of Azad Jammu & Kashmir Interim Constitution Act, 1974, would not mean a person having a `stricto senso' legal right even a person who had been deprived of benefits and privileges, by 'an illegal act or omission, could be termed as an "aggrieved person". PLD 1978 (Rev) 28; PLD 1990 Karachi 9; 1993 CLC 1067; Mst. Noor Jehan Begum v. Doctor Abdul Samad 1987 SCMR 1577; Mst. Resham Jan v. Assistant Settlement Commissioner Lands PLD 1979 Pesh 75; Nisar Ahmed and others v. Additional Secretary, Food and Agriculture 1987 SCMR 389; 1995 CLC 1123; PLD 1865 Dacca 231; 1984 CLC 1146; PLD 1978 Lahore 273; Inayat Bibi etc. v. Assistant Settlement Commissioner etc. PLD 1978 Lah. 252 and Mian Fazal Din v. Lahore Improvement Trust, Lahore etc. PLD 1969 SC 223 ref. (b) Azad Jammu and Kashmir Interim Constitution Act, (VIII of 1974)--- ----S. 44---Writ…
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