| Citation(s) |
|---|
| 2015 SLG 2274 2015 SLD 2274 2015 YLR 2319 |
High Court (AJ&K)
Writ Petition No. 1440 of 2014, decided on 4th June, 2015
SARDAR ABDUL HAMEED KHAN, J
Muhammad Yaqoob Khan Mughal for Appellants. Barrister Humayun Nawaz Khan for
Respondents. Ch. Shaukat Aziz, A.A.G. for
Respondents
Writ Petition No. 1440 of 2014, decided on 4th June, 2015
SARDAR ABDUL HAMEED KHAN, J
Muhammad Yaqoob Khan Mughal for Appellants. Barrister Humayun Nawaz Khan for
Respondents. Ch. Shaukat Aziz, A.A.G. for
Respondents
AMEER BAZ and another
VS
AZAD JAMMU AND KASHMIR BOARD OF REVENUE through Secretary Board of Revenue and 2 others
Law:
Section:
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974) --- ----S. 44---Writ petition---Competence---Correction of revenue record---Necessary party, non-impleadment of---Effect---Laches, principle of---Review petition was pending adjudication before the revenue authority but such fact had been suppressed in the present writ petition---Writ petition had been filed after a period of nine months which was hit by laches---Public functionaries who passed the impugned order had not been arrayed in the line of respondents---Present matter was with regard to correction of record which had been decided by the Tribunal of exclusive jurisdiction---Writ petition being incompetent, was dismissed. 2004 SCR 328 (sic) and 2003 YLR 346 ref. 1995 MLD 1350; PLD 2011 AJ&K 17; 1999 SCR 214(sic) and PLD 1985 SC AJ&K 10 rel. JUDGMENT SARDAR ABDUL HAMEED KHAN, J.---Through this petition filed under Section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, following relief has been claimed by the petitioners. "It is therefore humbly prayed that the writ petition may kindly be accepted and an appropriate writ in favour of petitioners against the respondents may kindly be issued whereby order passed by the respondent No. 2 on 25-9-2013 may kindly be declared against law, facts and record. Any other relief which deemed proper may also be granted in the interest of justice." 2. Facts of the case, shortly stated are that petitioners have purchased land including survey No. 683 through registered sale deed dated 6-4-2009. The possession of land purchased by the petitioners was duly handed over to the petitioners by the vendors. It is alleged that respondent No. 3 filed a suit before the revenue authorities on the same grounds. It is further alleged that the trial court dismissed the claim of respondent No.3 being against law facts and record. It is averred that during pendency of suit a commission was also appointed and reported that the petitioners are owner and in possession of land Khasra No. 683. It is further averred that respondent No. 3 did not file any objection on the report of commission. Lastly prayer has been made for acceptance of the petition. 3.…
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