Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Law: Civil Procedure Code (V of 1908)

Section: 91,O.I,R.8

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Civil Procedure Code (V of 1908), S. 91 & O. I, R. 8---Writ of prohibition---Maintainability---Petitioner had assailed the policy decision of the Government---Writ petition in representative capacity, filing of---Requirements---Government issued notification for construction of Health Center at one place (first place) and thereafter corrigendum was issued for construction of the same at another place---Petition for writ of prohibition by inhabitants of the area was filed to restrain the Government from cancelling the notification to construct health center at the first place and direction was sought for implementation of said notification---High Court accepted writ petition and direction was issued to the Government to construct health center at the first place---Contention of appellants (residents of second place) was that they were not impleaded as party in the writ petition before the High Court and they had been condemned unheard---Validity---Civil Procedure Code, 1908 was applicable to the writ proceedings before the High Court---Permission of Advocate General for filing writ petition in representative capacity or permission of Court was condition precedent---Writ petition in representative capacity (by the residents) without obtaining permission of Advocate General or the Court was not competent and was liable to be dismissed on said sole ground---Places in question were two different villages located in the same vicinity---Notification for construction of Health Centre had not been specifically challenged by amending the writ petition before High Court---Even residents of said area who were necessary party and had right to be heard were not impleaded in the line of respondents before the High Court---Order which was not subject matter of writ petition could not be quashed---Direction in such circumstances could not be issued without hearing the said inhabitants---Policy decision made by the Government could only be challenged in writ jurisdiction when same was violative of any law or rules or against Fundamental Rights of the citizens---Court could not substitute its…

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