Case Details

Citation(s)
2015 SLG 1524 2015 SLD 1524 2015 MLD 349
High Court (AJ&K)
Writ Petition No.62 of 2008, decision dated: 2-07-2013
MUNIR AHMED CHAUDHARY, J
Muhammad Farooq Minhas for Petitioner. Sardar Ejaz Nazir for
Respondent No. 4. Nemo for other
Respondents

Raja MUHAMMAD SADIQ KHAN-

VS

BOARD OF REVENUE OF AZAD JAMMU AND KASHMIR and 3 others

Law:

Section:

Azad Jammu and Kashmir Board of Revenue Act, 1993-------S.8---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 44---Review of by Board of Revenue---Scope---Member Board of Revenue was bound to pass any order after hearing the opposite party---Petitioner was not summoned while hearing the review petition---Member Board of Revenue had violated the provisions of law---Impugned order being contrary to settled law was set aside---Writ petition was accepted in circumstances. ORDER MUNIR AHMED CHAUDHARY, J.---This writ petition has been filed under section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, through which an order of Additional Member Board of Revenue dated 8-12-2007 passed in a review petition has been assailed. 2. It has been stated in the petition that the petitioner filed a suit for possession regarding the land measuring 40 Kanals and 15 Marlas bearing survey No,917 min situated at village Lahrri Tehsil and District Mirpur in the court of Sub Judge Mirpur on 28-4-1977 against non-petitioner No.4 Muhammad Latif and others. The suit was decreed in favour of the petitioner on 30-1-1980. Non-petitioner No.4 and others filed an appeal before District Judge Mirpur who also dismissed the appeal on 17-7-1982. Non-petitioner No.4 and others preferred an appeal before High Court. The same was dismissed as well on 29-5-1984. The said judgment was challenged before the apex Court of Azad Jammu and Kashmir. The apex Court dismissed the appeal filed by non-petitioner No.4 & others with costs on 23-12-1986. The petitioner applied for execution of the decree and the possession of the disputed land was delivered to him in compliance of warrant of possession issued by Sub-Judge Mirpur on 14-5-1987. 3. It was further stated in the petition that non-petitioner No.4 Muhammad Latif filed an application to eject the petitioner from the disputed land before the Collector District Mirpur. The said application was made over to Revenue Officer/Assistant Collector First Class Mirpur for disposal under law. The Revenue Officer restored the pending applications started by the said Muhammad Latif earlier and started proceedings. The petitioner…
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