Law:

Section:

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)-------S. 44--- Writ petition--- Res judicata, principle of---Applicability---Claim of outstanding electricity bill from subsequent buyer/owner of auctioned property---Scope---Petitioner being a successful bidder purchased a property/Mill auctioned by the orders of Banking Court---Electricity department claimed outstanding bill of property in question from the subsequent buyer/owner and initiated recovery proceedings---Contention of the petitioner was that any liability of outstanding bills of previous owner could not be placed on the shoulders of present petitioner/buyer--- Validity--- Outstanding electricity bill pertained to the period prior to the auction when the Mill in question was functioning under the supervision of its previous owners/directors---Banking Court had dismissed the application for recovery of electricity bills from the bid money and the Electricity Department had not filed any appeal or revision against the said , which had attained finality, therefore the matter was hit by the general principle of res judicata--- Any order made on an application for adjustment of outstanding bills was a judicial order and the affected party was required to challenge the same before the higher forum---Petitioner had purchased the Mill in question as a result of the passed by the Banking Court and auction made later on---Electricity Department could not claim any outstanding bill from the petitioner subsequent buyer/owner of Mill---Impugned recovery proceedings of outstanding electricity bills were set aside---Writ petition was allowed. 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 two notices of Tehsildar (Recovery) Assistant Collector First Class Electricity Department Circle Mirpur dated 16-6-2006 to each of the petitioners for recovery of Rs.82,93,283 has been challenged for having been issued without legal justification. 2. Precise facts of the petition are that Five Star Steel Moulding Private Limited Bhimber was established by the owners of the Mill namely Muhammad Hashim son…

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