Case Details

Citation(s)
2015 SLG 2229 2015 SLD 2229 2015 YLR 2091
High Court (AJ&K)
Writ Petition No. 89 of 2008, decided on 10th June, 2015
M. TABASSUM AFTAB ALVI, J
Nazir Ahmed Ghori for Petitioners. Zakria Bhatti and Sidra Latif for
Respondents

GUL EJAZ and 4 others

VS

WAPDA, Lahore and 5 others

Law:

Section:

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Writ petition---Non-impleadment of necessary party---Effect---Grouse of petitioners, if any, seemed against the Committee for acquisition of land which had not been impleaded party in the line of answering respondents---Writ petition due to non-joinder of necessary party was bad in law which was dismissed in circumstances. Qazi Liaqat Ali Qureshi v. Hafiz Muhammad Ishaque and 3 others 1998 PLC (C.S.) 153; Khalil Ahmed Aqeel v. Member Board of Revenue and 3 others 2004 PLC (C.S.) 949; Mirza Lal Hussain v. Custodian of Evacuee Property and others 1992 SCR 214 and Kh. Ghulam Qadir and 5 others v. Divisional Forest Officer Demarcation and 3 others 1996 SCR 161 rel. JUDGMENT M. TABASSUM AFTAB ALVI, J.---The captioned writ petition has been directed under Section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, whereby following prayer is made:-- "It is, therefore, humbly prayed that mandamus writ may kindly be accepted with directions to respondents to award the land bearing survey Nos.1137, 1139, 1140 and 1443 situated in village Ankar, Tehsil Dadyal, District Mirpur." 2. The summary of the case is that petitioners are resident of village Ankar, Tehsil Dadyal, District Mirpur, who claimed ownership of land comprising survey Nos. 1137, 1139, 1140 and 1443 situated in the aforesaid village. It is stated that respondents have been awarded land measuring 7 Kanals 16 marlas and 6 sarsai from Khewat Nos.308, 343 and 347. It is maintained that a Committee for Acquisition of Land Mangla Dam Upraising Project, refused to award the land in dispute, hence, the instant constitution petition. 3. The writ petition has been resisted by respondents through written statement, wherein it is stated that petitioners are not aggrieved persons, therefore, writ petition is not maintainable. It is further stated that adjacent numbers of land could not be awarded as the answering respondents never required the land in dispute for Mangla Dam Upraising Project, hence, submitted for dismissal of writ petition. 4. Mr. Nazir Ahmed Ghori, the learned counsel for petitioners strenuously argued that his…
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