Case Details

Citation(s)
2015 SLG 2134 2015 SLD 2134 2015 MLD 630
High Court (AJ&K)
Writ Petition No. 1172 of 2012, decided on 5th June, 2014.
SARDAR ABDUL HAMEED KHAN, J
Syed Mushtaq Hussain Gillani for Petitioners. Sardar M.R. Khan, A.A.G. and Raja Aftab Ahmed Khan for
Respondents.

CENTRAL ASIA INSTITUTE, GOJRA, MUZAFFARABAD through Program Director and another

VS

DEPUTY COMMISSIONER, DISTRICT, MUZAFFARABAD and 6 others

Law:

Section:

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Criminal Procedure Code (V of 1898), S. 144---Writ jurisdiction---Scope---Non-Governmental Organization, registration of---Establishment of hostel---Alternate remedy---Question of fact---Scope---Contention of petitioners was that respondents/authorities were bent upon to cancel the registration of the hostel and seal the same with mala fide intention---Validity---Trustees of the Organization-Trust having not been impleaded as party, writ petition was not maintainable---Petitioners had an alternate remedy in the shape of revision against the impugned order/letter before the competent court but instead of availing the same they had invoked the extraordinary jurisdiction of High Court which was not warranted---Reports of investigating authorities on the basis of which impugned order/letter had been issued had not been challenged---Question of fact could only be resolved by recording evidence before the concerned authority/forum and High Court could not do the same while exercising writ jurisdiction---No permission for establishment of hostel was available on record---Registrar District Council was not empowered to register or issue registration certificate with regard to registration of hostels who had issued the same---District Council could perform functions of construction and maintenance of buildings to be used as hostels for students and could also arrange programs for training of teachers---Registration of welfare agencies was mandatory with the Kashmir Council/Registration Authority but no such registration was available on record---No illegality, irregularity, mala fide or violation of any law or infringement of any constitutional right of petitioners had been pointed out in the impugned order/letter---Mere levelling an allegation of mala fide did not create any reason for interference in the domain of administrative authorities---Writ petition was dismissed, in circumstances. JUDGMENT SARDAR ABDUL HAMEED KHAN, J.---Through this writ petition filed under Sections 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, an order passed by the District Magistrate,…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492