Law:

Section:

Establishment of Office of Mohtasib (Ombudsman) in Azad Jammu and Kashmir Act (XIV of 1992)--- ----Ss. 32 & 11---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44---Writ petition before High Court---Maintainability---Contract for construction of a project---Claim for loss caused due to change of site plan---Compensation awarded by the Ombudsman---Petitioner-contractor moved an application to the Ombudsman for payment of loss caused to him due to change of site plan on behalf of the department---Ombudsman passed directions for payment of loss to the contractor but same was not paid---Petitioner filed writ petition before the High Court for implementation of order of Ombudsman---Writ petition was dismissed on the grounds that there was no violation of law and factual controversy had been raised which could not be resolved in writ jurisdiction---Validity---Petitioner had suffered loss due to delay in execution of project and change of site plan---Loss caused to the contractor had been assessed in the present matter---Respondents had participated in the inquiry proceedings before Ombudsman---No representation had been filed on behalf of respondents nor any reason for non-compliance of direction of Ombudsman had been assigned---Respondents had admitted the findings of Ombudsman in written statement filed before the High Court which had attained finality---Department was bound to inform the Ombudsman within specified time with regard to action taken on his direction or reasons for not complying with the same---Respondents had neither implemented the recommendations within specified time nor informed the Ombudsman with regard to reasons for not complying with the same---Department had violated the provisions of Ss. 11(2) & 22 of Establishment of the Office of Mohtasib (Ombudsman) in Azad Jammu and Kashmir Act, 1992, in circumstances---Compensation awarded by the Ombudsman was recoverable as arrear of land revenue from the public servant, functionary or agency---Writ petition had not been filed for determination of compensation but same was filed for implementation of direction of Ombudsman---High Court in writ jurisdiction could remove the…

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