Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Law: Azad Jammu and Kashmir Board of Revenue Act, 1993

Section: 6(3)

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Azad Jammu and Kashmir Board of Revenue Act, 1993, S. 6(3)---Writ petition--- Maintainability---Necessary party---Writ petition was filed wherein order of Member Board of Revenue was assailed---High Court dismissed writ petition in limine on the ground that necessary party had not been impleaded---Validity---Every order passed by the Member Board of Revenue was to be deemed to be an order of the Board of Revenue---Writ petition without arraying the Board of Revenue as party in the line of respondents was not maintainable---High Court had rightly dismissed writ petition in the present case---No illegality had been committed by the High Court while passing the impugned order---Appeal was dismissed in circumstances. Muhammad Malik and another v. Manzoor Hussain and 90 others 2015 SCR 259 rel. THIS JUDGMENT DELIVERED BY: RAJA SAEED AKRAM KHAN, J.--- The titled appeal by leave of the Court has been directed against the judgment of the learned High Court dated 24.04.2018, whereby the writ petition filed by the appellant, herein, has been dismissed in limine. 2. The facts necessary for disposal of this appeal are that on the application of respondents Nos.1 to 8, herein, the shamilat deh land, measuring 3 kanal, 3 marla, comprising survey Nos.203 and 204, situate at village Islamabad, Tehsil Sehnsa, District Kotli was reserved for the construction of a School, whereupon, the appellant, herein, filed an appeal before the Additional Commissioner, Mirpur on the ground that he is owner of the land in village Islamabad and under law he owns respective share in the shamilat deh land. The Commissioner, Mirpur, dismissed the appeal on 24.04.2011 Resultantly, the appellant invoked the jurisdiction of Member Board of Revenue, for cancellation of the orders of the Collector, Kotli and Additional Commissioner, Mirpur, by filing an appeal but the same was dismissed by the Member Board of Revenue on 03.07.2013. A review petition was also filed before the Member Board of Revenue which also met the same fate vide order dated 21.11.2014. Finally, the appellant filed a writ petition before the High Court…

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